About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-233310 1 (1989-02-09)

handle is hein.gao/gaobadnjp0001 and id is 1 raw text is: A 0 The Comptroller General of the United States Washington, D.C. 20548 ID Decision Matterof: Frederick W. Bartel File: B-233310 Date: February 9, 1989 DIGEST Transferred employee owned property at the old duty station jointly with his wife who filed for chapter 7 bankruptcy. After filing for bankruptcy, trustee in bankruptcy took title to wife's interest in property. Therefore, upon subsequent sale of realty, employee may be reimbursed only one-half of real estate expenses since title was in name of employee and trustee in bankruptcy, a nonmember of his immediate family. DECISION Ms. Joanne Henry, Certifying Officer, Bonneville Power Administration (BPA), Department of Energy, Portland, Oregon, asks whether an employee of BPA, Frederick W. Bartel, may recover the total cost of expenses related to the sale of his residence where the wife's trustee in bankruptcy is listed as co-seller on the settlement agreement. For the reasons stated below, we hold that Mr. Bartel may not be reimbursed for the total amount of sale expenses. After being transferred, in the interest of the government, Mr. Bartel sold his residence at his former duty station. At the time of transfer, title to the property was held by Mr. Bartel and his wife, Merilee Bartel, who had acquired the property through a property settlement agreement from an earlier divorce. The Internal Revenue Service (IRS) placed a lien against the property prior to the sale date, claiming that Mrs. Bartel was legally responsible for unpaid taxes owed the IRS by her ex-husband. Mrs. Bartel subsequently filed for Chapter 7 bankruptcy, and a trustee was appointed to represent the creditors. Upon sale of the property, the trustee in bankruptcy was listed as co-seller on the final property settlement statement and shared equally in the net proceeds. Mr. Bartel claims that he paid all sale expenses and should be reimbursed for the full amount. He agrees that the trustee was listed as co-seller of the property but

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most