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N.D. Illinois· 12/12/2001

In Re Bates

Citations

  • 270 B.R. 455
  • 2001 Bankr. LEXIS 1655
  • 2001 WL 1586829

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the automatic stay “serves no substantial purpose” after the redemption period expires because there is no tax claim that can be treated in the bankruptcy
  • holding that the holder of the tax certificate held only a secured claim which could be paid in installments, with interest, over the term of the plan
  • stating that after a sale in error “the property (and the landowner) are again subject to liability for the unpaid taxes”
  • noting that perfection is a matter of priority of secured creditors, not obtaining ownership
  • reasoning that the substantial threat of a debtor losing property, including all of its equity, if the debtor does not redeem “creates a right to payment ... on behalf of the tax purchaser”
  • “nothing in Section 108(b) transforms the extension of a non-bankruptcy right into a negation of bankruptcy rights specifically accorded elsewhere in the Code”

Source: CourtListener parenthetical corpus (CC0).

Judges: Eugene R. Wedoff

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named In Re Bates

49 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.