Legal Opinion

Bisch v. United States (In Re Bisch)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 13, 1993No. BAP No. WW-92-2066-RAsB, Bankruptcy No. 91-05148PublishedCited by 25 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The Internal Revenue Service filed a proof of claim in the debtors’ bankruptcy, listing the tax liability as unsecured. After confirmation of the debtors’ Chapter 13 plan, it was discovered that a federal tax lien existed on the debtors’ property. The bankruptcy court denied the debtors’ motion to avoid the lien. WE AFFIRM.

I. FACTS

The facts are not in dispute. The Debtors/Appellants, Clifford and Christie Bisch (the “Debtors”) filed a Chapter 13 2 case on July 12, 1991, with the stated intention of orderly paying approximately $80-90,000 owed to the Internal…

2Cases cited15 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  5. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985

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3Cited by25 opinions

  1. Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
  3. County of Ventura Tax Collector v. Brawders (In Re Brawders)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. In Re KresslerUnited States Bankruptcy Court, E.D. Pennsylvania · 2000
  5. United States v. Battley (In Re Berg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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