Monthly Archives: June 2021

A recent petition, organized by Faithful America and signed by 21,000 people, accused the bishops of weaponizing the Eucharist, and ina letterthe group thanked the more than 60 bishops who opposed the USCCB vote.Cardinal Wilton Gregory, who is archbishop of Washington, was one of them. So the president is in no danger of being turned away at a D.C. altar.

Its not a new debate, though John F. Kennedy, the first Catholic president, had to prove with words and actions that he would not let faith dictate his politics. Another famous Catholic politician,Mario Cuomo,had much to say on the subject, as he did on most everything.

In 1984, at the University of Notre Dame, no less, Cuomo, who died in 2015, said: Better than any law or rule or threat of punishment would be the moving strength of our own good example, demonstrating our lack of hypocrisy, proving the beauty and worth of our instruction.We must work to find ways to avoid abortions without otherwise violating our faith. We should provide funds and opportunity for young women to bring their child to term, knowing both of them will be taken care of if that is necessary; we should teach our young men better than we do now their responsibilities in creating and caring for human life.

That would satisfy few today. As places of worship have reopened post-pandemic, the political divide in America has followed worshippers through the doors.

Would now be the time to act on other items on Pope Francis agenda climate change, migrants, poverty, racial justice and how to ease the grief of those who lost someone or something in this harrowing year?

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Following the 'Golden Rule' is proving a political impossibility - Roll Call

[co-authors: Emma Wheeler, and Alex Xiao]

A bankruptcy court in North Carolina recently joined a growing number of courts allowing debtors and trustees to avoid prepetition transactions using the IRSs lookback period of ten years, rather than the applicable state statute of limitations period.1 In In re Zagaroli, the Western District of North Carolina bankruptcy court found that a trustee could step into the shoes of the IRS for the purposes of avoiding a transfer under section 544(b), therefore utilizing the longer reach-back period available to the IRS. No. 18-50508, 2020 Bankr. LEXIS 3111 (Bankr. W.D.N.C., Nov. 3, 2020). In this post, we discuss not only the Zagaroli case, but also the relevant arguments surrounding the split among courts on this issue.

The Debtor, Peter Lawrence Zagaroli, filed a chapter 7 bankruptcy petition in May 2018. Approximately seven years prior, the Debtor allegedly transferred several pieces of real property to his parents for no consideration. The trustee sought to avoid these transfers, which occurred while Mr. Zagaroli was insolvent, pursuant to section 544(b) of the bankruptcy code.

Section 544(b), also known as the golden creditor rule, allows a trustee to step into the shoes of any unsecured creditor to avoid any transfer the creditor could avoid under applicable law. Most states have adopted a uniform voidable transactions act that provides a statute of limitations for avoiding transfers. Under applicable North Carolina law, the statute of limitations is four years.

In this case, the trustee sought to use the IRS, which held an unsecured claim, as its golden creditor in an attempt to invoke the Internal Revenue Code as applicable law. The Internal Revenue Code, under section 26 U.S.C. 6502, provides a ten-year period for collecting a tax.

The court, using a plain language reading of 544(b), held that the trustee could step into the shoes of the IRS to avoid the transfers under the Internal Revenue Code. The court agreed with the majority view that applicable law should be broadly construed to encompass the Internal Revenue Code, which the IRS could have used to recover outside of bankruptcy.

In so holding, the court rejected the transferees arguments that 544(b) does not grant the trustee the power to bring actions that are grounded in tax evasion claims that are only available to the United States outside of the bankruptcy arena and that a trustee should not be able to take advantage of the immunity of the United States from the state statutes of limitation. The court found these arguments unpersuasive, noting that the transferees position would leave both the trustee and the IRS without recourse to avoid transfers it would otherwise be entitled to avoid outside of bankruptcy.

The holding of In re Zagaroli is hardly a surprise since a majority of bankruptcy courts ruling on this issue has reached the same conclusion. However, given that no circuit court has yet to address the issue, further discussion is warranted on whether the debtor or trustee can use the IRS as the golden creditor and what arguments parties have made in court so far.

The common law tradition has historically granted a longer statute of limitations to sovereign than private actors. An ancient doctrine known as nullum tempus occurrit regi, or no time runs against the king, was recognized by the U.S. Supreme Court in United States v. Summerlin, where the Court held that the United States is not bound by state statutes of limitations or subject to the defense of laches in enforcing its rights. 310 U.S. 414, 416 (1940). The modern rationale behind this rule, as articulated by the Ninth Circuit, is that public rights, revenues, and property should not be forfeited due to the negligence of public officials. S.E.C. v. Rind, 991 F.2d 1486, 1491 (9th Cir. 1993). This historic principle is the foundation that allows the Internal Revenue Service to preempt state law statute of limitations and be bound only by the Internal Revenue Codes statute of limitations.

The issue then, in the 544(b) context, becomes whether the trustee can utilize the IRSs preemption power to gain a longer claw back period. Absent a decision from the circuit level, the most notable bankruptcy court decision disapproving of the IRS as the golden creditor is In re Vaughan. 498 B.R. 297 (Bankr. D.N.M. 2013). The Vaughan court denied a trustees request to avoid an alleged fraudulent transfer that happened beyond the states 5-year statute of limitations but within that of the IRS, an unsecured creditor in the case.

The Vaughan courts holding relied on two arguments. First, the nullum tempus doctrine does not apply because the bankruptcy trustee is not sovereign and its actions do not protect the public interest. Second, because the IRS holds unsecured claims in a substantial portion of bankruptcy cases, allowing the trustee to step into the shoes of the IRS would practically render the state statutes of limitations moot. Id. at 305. The Vaughan court found that Congress could not have intended this policy consequence.

A number of courts have since addressed and rejected these two arguments. See e.g., In re Gaither, 595 B.R. 201 (Bankr. D.S.C. 2018), In re Kipnis, 555 B.R. 877 (Bankr. S.D. Fla. 2016), and Hillen v. City of Many Trees (In re CVAH, Inc), 570 B.R. 816 (Bankr. D. Idaho 2017). The Kaiser court, for example, rejected the Vaughan courts nullum tempus analysis by pointing out that 544(b) has always provided a derivative right to the trustee. Ebner v. Kaiser (In re Kaiser), 525 B.R. 697, 713 (Bankr. N.D. Ill. 2014). For these courts, first, it is not material whether the trustee is sovereign, because trustees only exercise the rights on behalf of the IRS, who may rightfully preempt state law pursuant to the Internal Revenue Code. Similarly, a majority of courts have dismissed the Vaughan courts second, policy-oriented argument granting the IRS golden creditor status by citing the unambiguous plain language of 544(b), as in Zagaroli.

Another argument against using the IRS as the golden creditor is that the practice could potentially lead to an unlimited claw back period. See In re CVAH, Inc., 570 B.R. at 838. The 10-year statute of limitations constraining the IRS only starts to run after the taxpayer files a tax return. Because the taxpayer could theoretically delay filing the tax return for an unlimited period, the IRS and the trustee could avoid transactions for an unlimited reach-back period.

Courts have also dismissed this concern. The CVAH court noted that timeliness is only one element of a constructive fraudulent transfer claim. Id. at 838. Practically, the burden to prove the claim likely would become more onerous for the trustee the further back in time the transfer occurred from the bankruptcy petition date.

Although no circuit court has addressed the golden creditor rule with regard to the IRS, the Western District of North Carolina bankruptcy court joins an increasing number of bankruptcy courts in holding that applicable law under 544(b) includes the Internal Revenue Code and its 10-year statute of limitations.

It is also worth noting that when clawing back transactions in the shoes of the IRS, the trustee or the debtor can recover more than the amount that was owed to the IRS. At least one court found that the trustee could use the IRS as the golden creditor even where the IRSs claims were paid in full after the commencement of the bankruptcy case. See In re Greater Se. Cmty. Hosp. Corp. I, 365 B.R. at 301. Therefore, in cases where the IRS holds an unsecured claim, the majority courts application of the golden creditor rule significantly increases the statute of limitations period that a debtor or transferee must analyze for clawing back transactions into the bankruptcy estate. Parties that engage in transactions with distressed companies or companies that become distressed will be exposed to a much wider window of potentially avoidable transactions. Since the IRS is so frequently a creditor in bankruptcy cases, decisions allowing a debtor or trustee to use the IRS as a golden creditor threaten to greatly expand the universe of transactions susceptible to avoidance. It remains to be seen, however, whether any circuit court will take up this issue or contradict the majority rule of the bankruptcy courts.

1 See, e.g., Vieira v. Gaither (In re Gaither), 595 B.R. 201 (Bankr. D.S.C. 2018); Mukamal v. Citibank (In re Kipnis), 555 B.R. 877 (Bankr. S.D. Fla. 2016); Ebner v. Kaiser (In re Kaiser), 525 B.R. 697 (Bankr. N.D. Ill. 2014); Alberts v. HCA Inc. (In re Greater Se. Cmty. Hosp. Corp. I), 365 B.R. 293 (Bankr. D.D.C. 2006); Shearer v. Tepsic (In re Emergency Monitoring Technologies, Inc.), 347 B.R. 17 (Bankr. W.D. Pa. 2006); Osherow v. Porras (In re Porras), 312 B.R. 81 (Bankr. W.D. Tex. 2004).

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No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents - JD Supra

What exactly is a resume?

So, basically a resume is a one or two pager professional as well as career document that outlines the complete work history, the complete volunteership, the complete as well as detailed internship experience, a complete series of skills a person posses, as well as the educational background that is required in the most of the job applications by the employer.

As per the experts as well as authentic sources, a resume is seen as an opportunity to build a potential as well as successful career of a person. Moreover, a resume is also considered a chance to show off all of the great experience as well as the skills of a person to a potential employer. Moreover, a resume is also considered a great chance to make a structured outline of all of your skills as well as capabilities in one single point place.

So, basically a resume should be self communicative, which means a resume should be something that is self explanatory and need not to be explained. Moreover, a person should try to include as best information as possible to get the particular job the person is looking as well as applying for. The resume of the person should also be concise as well as precise in nature. Moreover, a resume should be no longer than one or two page maximum as well as a resume should not include any kind of the wordy language in the format. A golden rule for resume is to be detailed but along being with brief.

A resume should be very easy to read and understand, which means it should be made like a resume can be scanned over a glance. Always avoid including unnecessary things as well as always make things easy to understand as well as find. Always mention the most important as well as necessary things in starting as well as the work down from there. Always keep the font size as well as font or we can say writing font same throughout the resume so that it can look good. However, the name of the person as well as the proper contact info should always be mentioned at the top of the resume only.

1. Proofreading every thing very much thoroughly is one of the major Do points for a successful as well as professional resume.

2. The resume should be grammatically correct as well as full-proof is one of the major Do points for a successful as well as professional resume.

3. Getting professional advice to make a resume is one of the major Do points for a successful as well as professional resume.

4. Seek advice for the resume is one of the major Do points for a successful as well as professional resume.

1. Do not include unnecessary information is one of the major Dont points for a successful as well as professional resume.

2. Do not include unnecessary references in the resume is one of the major Dont points for a successful as well as professional resume.

3. Do not include unnecessary skills in the resume like internet surfing and all is one of the major Dont points for a successful as well as professional resume.

To see an example of the resume you can visit link resume-example.com.

1. Contact Info is one of the major sections that are to be included there in the successful as well as professional resume.

All the perfect as well as professional resumes must include the contact information like phone number, email address, proper name, linkedin address, etc. so that the employer can connect with the person and get in touch with them. However, the email address mentioned in the resume should look professional and does not include the crazy names in the email address.

2. Objective is one of the major sections that are to be included there in the successful as well as professional resume.

As per the industry experts the objective should be short as well as concise, along with it the objective must be customized as per the specific organization as well as position.

3. Work Experience is one of the major sections that are to be included there in the successful as well as professional resume.

All the relevant jobs must be listed in the resume, aloing with all the internships, as well as all the volunteer experience wherever the person have worked.

4. Education is one of the major sections that are to be included there in the successful as well as professional resume.

Education in the resume should include all the degrees that a person have earned as well as that are in the process of earning along with the proper names as well as their levels. Moreover, education in the resume should compulsorily mention the names of the majors as well as minors.

5. Skills is one of the major sections that are to be included there in the successful as well as professional resume.

Skills to be mentioned in the resume like Computer software proficiency like the skills of Microsoft Excel, Adobe Photoshop, different types of the Languages, computer languages, skills, hardware knowledge for a computer science or all types of certification.

6. Honors and Awards is one of the major sections that are to be included there in the successful as well as professional resume.

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Tips to make a perfect and successful Resume - Onrec

JoAnn (Peters) McCoy is a lifelong resident of Washington. As a kid, she worked on entering art in every category at the Town & Country Fair fine arts building and was voted Most Creative at St. Francis Borgia Regional High School.

A year after graduating from Borgia, she began her career with Mary Kay. She has earned several company cars and in 1996 became sales director. Her more rewarding career was in the family sign business, Jim Peters Signs, which lasted over 35 years . She served as president for almost 20 years before retiring.

Presently, McCoy is enjoying the Mary Kay business and operating the Room For Art Gallery in downtown Washington, which features more than 30 area artists. She wed her husband, Andy McCoy, in 2006. He is a professional drag race car builder and driver, and she enjoys watching him race.

When I was a kid, I wanted to be an artist and a cowgirl. I always wanted a horse, but my parents wouldnt let me until I was 12.

What would you rather be doing right now? Seeing the spectacular Grand Canyon.

Shh! Dont tell anyone that it was me dressed in armor as the St. Francis Borgia Knight riding my horse when a touchdown was scored.

Other than your wedding day and/or the birth of your children, what was your proudest moment? Seeing my husband drive the 1957 car he built, drag race at an NHRA event and going 245 mph in a quarter-mile in 6.2 seconds.

It really stinks when people smoke and use foul language.

What word in the dictionary would your face be next to? Entrepreneur.

I always laugh My husband calls me out when a strange foreign accent flows out like Im from another country.

Invite any three people, living or dead, to dinner. Who are they? What would you serve? Jesus, James and Peter. Ill serve carryout. Since I dont cook, my three choices are frozen, microwave and takeout.

At the end of a really long day at work, I like to eat popcorn.

People who knew me in high school thought I was a good parade float-builder.

My most unforgettable brush with greatness was reaching the top 2 percent of Mary Kay as an independent sales director.

I would drop all my plans tonight if I had the chance to go on a nature trail walk or bike ride.

If someone gave me a million dollars, there is still no way I would keep it all myself. Its so important to share blessings.

America should be more concerned about being united.

Im OK if theres ever a national shortage of alcohol.

When Im in a bookstore, I always go to this section first: Bookmarks, like what I have at Room For Art Gallery.

What is the most useful piece of advice you have ever received? Keep your life in balance. Faith first, family second, career third.

When Im cruising down the road, Im likely listening to Christian music or Katrina and the Waves Walking on Sunshine.

I always get sentimental when good deeds are done unexpectedly.

The older I get, the more I realize time is so precious, so I try to cram in all I can in my half days. I like doing something productive 9 a.m. to 9 p.m.

If I had one do-over I would have kept my hugger orange 1969 Camaro.

My favorite item of clothing is an artful top, plus clothe myself with compassion, kindness, humility, gentleness and patience.

If Ive learned anything at all The golden rule: Do unto others as you would have them do unto you.

What do you wish Washington or Franklin County had to offer? A Honey Baked Ham store.

Who is your personal hero or mentor? My parents, Jim and Betty Peters.

A historical figure Id like to meet is: Abraham Lincoln.

In my opinion there is no more beautiful place on Earth than the beach.

Ill watch the movie anytime it is on television: Titanic.

Whats your superpower? Staying positive, uplifting encouragement.

If you could know the absolute and total truth to one question, what question would you ask? How long will I live here on Earth?

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This is Your Neighbor: JoAnn McCoy | Opinion | emissourian.com - The Missourian