Legal Opinion

Miller v. United States (In Re Miller)

United States Bankruptcy Court, N.D. California

Decided October 3, 2000No. 14-50261PublishedCited by 18 opinions

1Opinion of the Court

OPINION

THOMAS E. CARLSON, Bankruptcy Judge. •

Debtor seeks to bar taxing authorities from collecting otherwise nondischargeable debts on the basis that his chapter 11 plan provides for their discharge and that principles of res judicata require all plan terms to be fully enforced. The requested relief is denied because the plan did not provide clearly enough for the discharge of nondischargeable debts.

FACTS

Debtor filed a petition under chapter 11 of the Bankruptcy Code on December 20, 1989. In January 1994, he filed a chapter 11 plan that provided for full payment of allowed priority tax…

2Cases cited14 opinions

  1. Bruning v. United StatesSupreme Court of the United States · 1964
  2. Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.Court of Appeals for the Ninth Circuit · 1992
  3. In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
  4. Trulis v. BartonCourt of Appeals for the Ninth Circuit · 1995
  5. In Re Stratford Of Texas, Inc.Court of Appeals for the Fifth Circuit · 1981

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

3Cited by18 opinions

  1. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
  2. County of Ventura Tax Collector v. Brawders (In Re Brawders)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. Turek v. Dehart (In Re Turek)United States Bankruptcy Court, M.D. Pennsylvania · 2006
  4. In Re FareedUnited States Bankruptcy Court, N.D. Illinois · 2001
  5. In Re Phoenix Petroleum Co.United States Bankruptcy Court, E.D. Pennsylvania · 2001

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

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