By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC) Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably...
From the Editor’s Desk – Effect of Confirmation
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By The Honorable William Houston Brown (Retired)
Plan did not clearly provide for discharge of unpaid tax debt. Discussing the typical plan that would not pay postpetition interest on unsecured claims, the Bankruptcy Appellate Panel distinguished § 507(a)(8)(C) priority “trust fund” tax claims, which are excepted from discharge under § 1328(a)(2). The debtor remains liable after discharge for any unpaid portion of those tax claims, including accrued postpetition interest. The plan did not provide for discharge of the § 507)(a)(8)(C) tax claim, although it provided for payment of the claim in . . .
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