Legal Opinion

In re Towler

United States Bankruptcy Court, D. Colorado

Decided May 28, 2013No. Bankruptcy Case No. 12-10126 EEBPublishedCited by 7 opinions

1Opinion of the Court

Chapter 13

ORDER DENYING CONFIRMATION DUE TO DISCRIMINATORY TREATMENT

Elizabeth E. Brown, Bankruptcy Judge

THIS MATTER comes before the Court on the Debtor’s Motion to Confirm Chapter 13 Plan. The Chapter 13 trustee (“Trustee”) has objected to the Debtor’s proposed plan because of its preferential treatment of a nondischargeable claim owed to the State of Colorado (the “State”) arising from the overpayment of unemployment benefits. In the Debtor’s plan, she affords this claim § 507(a)(8) priority, classifying it with her state and federal income tax obligations. Alternatively, she proposes to…

2Cases cited31 opinions

  1. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  2. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  3. Hamilton v. LanningSupreme Court of the United States · 2010
  4. New Jersey v. AndersonSupreme Court of the United States · 1906
  5. United States v. La FrancaSupreme Court of the United States · 1931

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3Cited by7 opinions

  1. American Honda Finance Corp. v. Tester (In Re Tester)United States Bankruptcy Court, W.D. Virginia · 1986
  2. In re KnowlesUnited States Bankruptcy Court, D. Kansas · 2013
  3. In re 800Ideas.com, Inc.United States Bankruptcy Court, S.D. California · 2015
  4. De'Angela M. ClardyUnited States Bankruptcy Court, W.D. Kentucky · 2022
  5. In re: Desert Capital Reit, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

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