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IN RE AFFIRMATIVE INS. HOLDINGS INC.

Case No. 15-12136-CSS Civ. No. 19-2034-RGA.

620 B.R. 73 (2020)

IN RE: AFFIRMATIVE INSURANCE HOLDINGS INC., et al., Debtors. United States of America, Appellant, v. Don A. Beskrone, Chapter 7 Trustee, Appellee.

United States District Court, D. Delaware.

July 27, 2020.

Attorney(s) appearing for the Case

Richard E. Zuckerman, Esq. , Principal Deputy Assistant Attorney General; Christopher J. Williamson, Esq. , Ward W. Benson, Esq. (argued), Tax Division, U.S. Department of Justice, Washington, D.C., attorneys for appellant the United States.

Ricardo Palacio, Esq. (argued), Stacy L. Newman, Esq. , Ashby & Geddes, P.A, Wilmington, Delaware, attorneys for appellee Don A. Beskrone, Chapter 7 Trustee.

MEMORANDUM OPINION

This appeal presents an issue of bankruptcy law that does not appear to have been decided by any appellate court. The issue is how to treat the "straddle year" for federal income tax under the current Bankruptcy Code. The Bankruptcy Court ruled that the straddle...

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