In Re DeMaggio

How courts have described this case

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

• holding that plain language and statutory history of 1322(b)(2) establish that nonconsensual tax liens do not fall within antimodification provision of that statute
• holding that nonconsensual tax liens do not fall within antimodification provision of Section 1322
• recognizing Code, rather than state law, as the “ ‘genesis of an oversecured creditor’s entitlement to interest out of estate assets, regardless [of] the source of the Hen’ ”
• noting that \[i]nterest rates on delinquent taxes frequently incorporate a punitive aspect to discourage nonpayment.\
• noting that a bankruptcy court “may exercise some degree of discretion in determining the appropriate rate of postpetition interest on an oversecured claim.”
• “[T]his debtor cannot perform any plan within the requirements of chapter 13 if the 18 percent interest rate is used.”

Source: CourtListener parenthetical corpus (CC0).