Legal Opinion

In Re Heisson

United States Bankruptcy Court, D. Massachusetts

Decided February 15, 1996No. 19-10357PublishedCited by 7 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

After confirmation of a chapter 11 plan proposing to pay in full, with interest from confirmation, taxes which are nondischargeable under section 523(a)(1), is there a surviving debt for postpetition, preconfirmation interest? I hold this “gap” interest debt does not survive.

Gary and Charlotte Heisson, husband and wife (the “Debtors”), filed a joint chapter 11 petition on November 8, 1991. Following negotiations with the IRS on prepetition (and postpetition) taxes, the Debtors and the IRS agreed the prepetition tax claim was $25,-926.23. Pursuant…

2Cases cited9 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Bruning v. United StatesSupreme Court of the United States · 1964
  3. Sexton v. DreyfusSupreme Court of the United States · 1911
  4. City of New York v. SaperSupreme Court of the United States · 1949
  5. In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by7 opinions

  1. Tuttle v. United StatesCourt of Appeals for the Tenth Circuit · 2002
  2. Johnson v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1998
  3. California, State Board of Equalization v. Ward (In Re Artisan Woodworkers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. United States v. HeissonDistrict Court, D. Massachusetts · 1997
  5. Willauer v. United States of Internal Revenue Service (In Re Willauer)United States Bankruptcy Court, D. Massachusetts · 1996

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

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