Legal Opinion

In Re Moseley

United States Bankruptcy Court, C.D. California

Decided May 29, 1987No. Bankruptcy LAX 84-08358 SBPublishedCited by 46 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON IRS MOTION TO ALLOW CLAIM

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

The Internal Revenue Service (“IRS”) brings this motion to allow its unsecured claim for the full amount of $18,131.74, instead of a much smaller sum provided in the debtor’s confirmed Chapter 13 plan, and to modify the plan to provide for payment of the larger amount. The debtor has filed an application to amend her plan to delete the amount provided for the IRS, and to pay it nothing.

This motion raises the issue of whether and to what extent an untimely IRS priority claim in a Chapter 13…

2Cases cited43 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  4. Reliable Electric Co., Inc. v. Olson Construction CompanyCourt of Appeals for the Tenth Circuit · 1984
  5. In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio CampolongoCourt of Appeals for the Ninth Circuit · 1986

38 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  2. In Re Longardner & Associates, Inc., Debtor. Appeal of Landahl, Brown & Weed Associates, IncCourt of Appeals for the Seventh Circuit · 1988
  3. In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
  4. Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
  5. In Re FitakUnited States Bankruptcy Court, S.D. Ohio · 1988

41 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API