Legal Opinion

Michigan v. Wilson

District Court, E.D. Michigan

Decided February 10, 2012No. 10-12886; Bankruptcy No. 10-45791Published

1Opinion of the Court

OPINION AND ORDER AFFIRMING DECISION OF BANKRUPTCY COURT

DAVID M. LAWSON, District Judge.

Debtors James and Renay Wilson filed a petition for Chapter 13 bankruptcy protec*252tion on February 26, 2010 and proposed a plan that would treat the State of Michigan as a priority creditor for the debtors’ 2009 income tax obligation, meaning that the claim would be paid in full but the payments would be deferred over the life of the plan. The State objected, arguing that it could not be forced to participate in the plan as a creditor because the income tax was not due until April 15, 2010, which rendered…

2Cases cited18 opinions

  1. United States v. VonnSupreme Court of the United States · 2002
  2. Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
  3. Winget v. JP Morgan Chase Bank, N.A.Court of Appeals for the Sixth Circuit · 2008
  4. In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
  5. B-Line, LLC v. Wingerter (In Re Wingerter)Court of Appeals for the Sixth Circuit · 2010

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