Matter of Sabec

OPINION REGARDING ENFORCEABILITY OF TAX SALE DEED IN CHAPTER 13 PROCEEDING

JAMES D. GREGG, Bankruptcy Judge.

ISSUE

The issue before the court is whether a debtor may cure her unpaid tax obligations owed to a tax deed claimant and pay that claim under a chapter 13 plan thereby retaining residential real property. From the standpoint of the tax deed claimant, the issue may be restated as whether a debtor is barred from paying past due taxes after expiration of a tax sale redemption period thereby permitting the claimant to evict the debtor and take possession of the residence.

JURISDICTION

This…