From the Editor’s Desk – Claims

By The Honorable William Houston Brown (Retired)

Tennessee statute providing that penalty on delinquent property taxes “constitutes the assessment of interest” was unconstitutional. In response to In re Gift, 469 B.R. 800 (Bankr. M.D. Tenn. 2012), which held that oversecured creditors may collect post-bankruptcy interest, fees and costs, but not penalties, the Tennessee legislature amended Tenn. Code Ann. § 67-5-2010 to provide “(d) for purposes of any claim in a bankruptcy proceeding pertaining to delinquent property taxes, the assessment of penalties determined pursuant to this section constitutes the assessment of . . .

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