By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville) Section 506(d) does not allow the voiding of a lien when the underlying claim, filed by the debtor, has been disallowed; when notice is provided to a corporation it must be addressed to the individual who holds the office of an officer, manager, or general...
From the Editor’s Desk – Plan Modification
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By The Honorable William Houston Brown (Retired)
Amended plan proposed to pay real property tax as priority. In a case filed on April 30, 2013, the issue was whether property taxes which were last payable on December 31, 2013 were prepetition or postpetition obligations. Under applicable Missouri statute, the owner of real property becomes “liable” for the tax on January 1; therefore, the tax debt was “incurred” on that date. The 2013 property tax was a potential priority, prepetition claim under § 507(a)(8), rather than an administrative, postpetition claim under § 503(b)(1)(B). As . . .
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