Legal Opinion
In re Bratt
Bankruptcy Appellate Panel of the Sixth Circuit
Decided April 26, 2016No. Nos. 15-8009/8010PublishedCited by 3 opinions
1Opinion of the Court
OPINION
TRACEY N. WISE, Bankruptcy Appellate Panel Judge.
Metropolitan Government of Nashville & Davidson County (“Metro”) objected to a chapter 13 plan which proposed to pay 12% interest on a delinquent tax debt, asserting that, pursuant to newly amended Tennessee Code Annotated (“T.C.A.”) § 67 — 5—2010(d), the correct interest rate should be 18%. The bankruptcy court found that T.C.A. § 67-5-2010(d) violates the Supremacy Clause of the United States Constitution, determining that it imposes a penalty on bankruptcy debtors in violation of the mandates of the Bankruptcy Code. Metro and the…
2Cases cited23 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
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3Cited by3 opinions
- State of Tenn. v. Michael CorrinCourt of Appeals for the Sixth Circuit · 2017
- In re: Tracy DrakeUnited States Bankruptcy Court, N.D. Illinois · 2022
- Rosemary PerezUnited States Bankruptcy Court, W.D. Texas · 2023