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Michael Erwin Acuna v. Illinois Department of Revenue and Internal Revenue Service (In re Acuna), Adv. No. 21-00034, Case No. 21-11517-7 (10/11/2022) -- Judge Catherine J. Furay

Case Summary:
Debtor filed a motion under Rule 59(e) to amend or alter the Court's summary judgment decision in favor of the Illinois Department of Revenue (“IDOR”). The Debtor sought to overturn the judgment on grounds that the Court did not properly consider the Debtor's argument under section 506(d). The Debtor did not present new evidence or argument in support of his motion, but merely reiterated arguments that he had previously presented. Accordingly, the Court denied the motion because the Debtor failed to clearly establish that the Court had made a manifest error of law or fact.

Statute/Rule References:
Fed. R. Civ. P. 59(e) -- Motion to Alter or Amend a Judgment
11 U.S.C. § 506(d) – Determination of Secure Status

Key Terms:
Dischargeability (taxes)
Motion to Alter or Amend a Judgment
Reconsideration


Date: 
Tuesday, October 11, 2022