In Re Bates
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OF DECISION
EUGENE R. WEDOFF, Bankruptcy Judge.
This Chapter 13 case is before the court on motions to enforce the automatic stay of 11 U.S.C. § 362(a) and to modify the debtors’ plan. The motions raise a recurring problem in Illinois bankruptcy cases — the proper treatment of Illinois tax sales in Chapter 13. The debtors and their mortgagee seek (1) to enforce the automatic stay by annulling a deed to the debtors’ home, obtained by the purchaser at an Illinois tax sale, and (2) to modify the debtors’ Chapter 13 plan to provide for payment to the tax purchaser in lieu of the deed. As…
2Cases cited34 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
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3Cited by42 opinions
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- Tax 58 v. Froehle (In Re Froehle)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
- Francis v. Scorpion Group, LLC (In re Francis)United States Bankruptcy Court, N.D. Georgia · 2013
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