Legal Opinion

In the Matter of Thomas Fortney and Lavonna Fortney, Debtors-Appellees, Appeal of Daniel R. Freund, Chapter 12 Trustee

Court of Appeals for the Seventh Circuit

Decided September 29, 1994No. 94-1208PublishedCited by 17 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

In this farm bankruptcy case, we must determine if Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1201-1231, compels a bankruptcy judge to extend the repayment of a secured tax debt beyond the three year duration of the debtors’ reorganization plan. The bankruptcy judge below determined that the debtors, Thomas and LaVonna Fortney, should satisfy their $18,569.76 tax obligation to Vernon County within three years. The Chapter 12 Trustee, Daniel Freund, objects to confirmation of the Fortneys’ plan, arguing that the taxes should be repaid at a much slower pace, so that…

2Cases cited11 opinions

  1. In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
  2. In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1992
  3. In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
  4. In Re CitrowskeUnited States Bankruptcy Court, D. Minnesota · 1987
  5. In the Matter of Kenneth Leventhal & CompanyCourt of Appeals for the Seventh Circuit · 1994

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Wiese v. Appeal of Community Bank of Central WisconsinCourt of Appeals for the Seventh Circuit · 2009
  2. Melvin and Bonnie Koopmans v. Farm Credit Services of Mid-America, AcaCourt of Appeals for the Seventh Circuit · 1996
  3. Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
  4. Belson v. Olson Rug Co.District Court, N.D. Illinois · 2012
  5. In Re BurgerUnited States Bankruptcy Court, S.D. Indiana · 2002

12 more not listed; retrieve them via the Exa API.

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