Legal Opinion
Matter of Woerner
United States Bankruptcy Court, D. Nebraska
Decided July 15, 1997No. 19-80177Published
1Opinion of the Court
MEMORANDUM
JOHN C. MINABAN, Jr., Bankruptcy Judge.
This case presents the question of whether a Chapter 12 plan may modify the rights of the holder of a “tax certificate” obtained prepetition under Nebraska law. The plan is not confirmed because the interest of the tax certificate holder is not adequately protected. However, I conclude that the rights of the tax certificate holder may be modified in a confirmed Chapter 12 plan.
Facts
The debtor failed to pay real estate taxes on his farm for the years 1990 through 1993. On October 1, 1994, Nuckolls County “purchased” the debtor’s farm by paying…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Neal Pharmacal CompanyCourt of Appeals for the Eighth Circuit · 1986
- In Re Hunters Run Limited Partnership, Debtor. Miner Corporation, and John Hand, Dba/sunny Day Cement Company v. Hunters Run Limited PartnershipCourt of Appeals for the Ninth Circuit · 1989
- USA/Internal Revenue Service v. Valley National Bank (In Re Decker)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Matter of MillesonUnited States Bankruptcy Court, D. Nebraska · 1988
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