Legal Opinion
Hester v. Powell (In Re Hester)
United States Bankruptcy Court, E.D. Tennessee
Decided August 5, 1986No. Bankruptcy No. 1-81-02338, Adv. No. 1-86-0043PublishedCited by 13 opinions
1Opinion of the Court
RALPH H. KELLEY, Bankruptcy Judge.
The plaintiffs brought this suit to determine whether a debt to the defendant for county real property taxes was discharged in their chapter 13 case. The facts are undisputed.
The plaintiffs (debtors) filed their chapter 13 case in 1981, and their chapter 13 plan was confirmed. The plan provided that claims entitled to priority under Bankruptcy Code § 507 would be paid in full. 11 U.S.C. § 507 (1983). This provision is required in order for a plan to be confirmed. 11 U.S.C. § 1322(a)(2) (1983).
The debtors failed to pay their real property taxes in 1982 and…
2Cases cited5 opinions
- Ohio v. KovacsSupreme Court of the United States · 1985
- Roach v. Edge (In Re Edge)United States Bankruptcy Court, M.D. Tennessee · 1986
- Richards v. United States (In Re Richards)District Court, E.D. Tennessee · 1985
- In Re PritchettUnited States Bankruptcy Court, W.D. Virginia · 1985
- In Re GatesDistrict Court, E.D. Wisconsin · 1966
3Cited by13 opinions
- In Re James and Dianne Ripley, Debtors. United States of America v. James and Dianne RipleyCourt of Appeals for the Fifth Circuit · 1991
- In Re RyanUnited States Bankruptcy Court, E.D. Tennessee · 1987
- In Re SorgeUnited States Bankruptcy Court, W.D. Oklahoma · 1993
- In Re GoodmanUnited States Bankruptcy Court, W.D. Tennessee · 1992
- Maple Forest Condominium Ass'n v. Spencer (In Re Spencer)District Court, E.D. Michigan · 2011
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