In re Wesley
Aug
10
2011
Ruling
IRS was entitled to treat penalties that were set prior to petition date as secured.
Procedural posture
The Internal Revenue Service (IRS) filed a proof of claim asserting a secured claim based on tax liens against bankruptcy debtors' property for unpaid taxes, interest, and penalties. The debtors moved to reclassify the penalty portion of the claim of the IRS from secured to general unsecured.
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Court
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