Legal Opinion

In Re McKinney

United States Bankruptcy Court, C.D. Illinois

Decided May 17, 2006No. 05-84385PublishedCited by 16 opinions

1Opinion of the Court

OPINION

This Opinion addresses the devilish issue of whether a real estate tax buyer holds a claim that may be modified in a Chapter 13 plan and the effect of expiration of the redemption period postpetition. The Debtor, Lonnie E. McKinney (DEBTOR), resides at 1231 N.E. Perry, Peoria, Illinois, in a duplex that he owns. A disabled veteran, his only income is $846.00 per month from a Veterans Administration disability pension and $250.00 per month in rent from the second unit in the duplex.

Because the DEBTOR failed to pay the 2001 real estate taxes assessed against the property, the delinquent…

2Cases cited25 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  4. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  5. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984

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3Cited by16 opinions

  1. In Re KascoUnited States Bankruptcy Court, N.D. Illinois · 2007
  2. Smith v. SIPI, LLC (In Re Smith)Court of Appeals for the Seventh Circuit · 2010
  3. In re BovinoUnited States Bankruptcy Court, N.D. Illinois · 2013
  4. AP Properties, Inc. v. RattnerAppellate Court of Illinois · 2011
  5. In re RomiousUnited States Bankruptcy Court, N.D. Illinois · 2013

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