· 11/25/1987
Matter of Herr
Citations
- 80 B.R. 135
- 1987 Bankr. LEXIS 1868
- 16 Bankr. Ct. Dec. (CRR) 1025
- 1987 WL 20979
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Congress did not intend deferred cash payments made under section 1222(a)(2) to include interest in every case
- noting that the legislative history of Chapter 12 reveals that Chapter 12 was patterned to a large extent after Chapter 13
- holding same for same language in 11 U.S.C. § 1222(a)(2) regarding family farmer reorganization
- reaching same conclusion under § 1222(a)(2) which is identical to § 1322(a)(2)
- unsecured creditors would not have received a distribution under a Chapter 7 liquidation and, therefore, Section 1325(a)(4) was not considered
- interest to the IRS would have been required if the best interests of the creditors test required disbursements to unsecured creditors and those disbursements had been made over time
Source: CourtListener parenthetical corpus (CC0).
Judges: Lee M. Jackwig
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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