Legal Opinion

In Re Pletz

United States Bankruptcy Court, D. Oregon

Decided November 25, 1997No. 19-30067PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELIZABETH L. PERRIS, Bankruptcy Judge.

The Internal Revenue Service (IRS) objects to confirmation of debtor’s Chapter 13 plan on the basis that the plan does not provide for full payment of the secured claim, because it severely undervalues the IRS’s collateral. Resolution of the objection turns on whether the IRS has a lien on real property that debtor and his nondebtor spouse own as tenants by the entireties and, if so, how a tenancy by the entireties interest is valued when the lien holder is the IRS.

FACTS

Debtor and his nondebtor wife have owned the property at issue as…

2Cases cited14 opinions

  1. Aquilino v. United StatesSupreme Court of the United States · 1960
  2. United States v. RodgersSupreme Court of the United States · 1983
  3. United States v. BessSupreme Court of the United States · 1958
  4. Phillips v. KrakowerCourt of Appeals for the Fourth Circuit · 1931
  5. Ganoe v. OhmartOregon Supreme Court · 1927

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3Cited by4 opinions

  1. Basher v. United States, Dept. of the Treasury (In Re Basher)United States Bankruptcy Court, E.D. Pennsylvania · 2003
  2. Michael A. Grassmueck, Inc. v. Nistler (In Re Nistler)United States Bankruptcy Court, D. Oregon · 2001
  3. Popky v. United StatesDistrict Court, E.D. Pennsylvania · 2004
  4. In re VillarrealUnited States Bankruptcy Court, S.D. Ohio · 2016

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