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· 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

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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.