- 11 U.S.C.
In re Hall
Oct
02
2007
Ruling
Capital gains tax on postpetition sale of farm by chapter 12 estate was not a priority administrative expense and could not be treated as unsecured.
Procedural posture
After filing their petition, the debtors sold farm land which generated a capital gains tax. In their amended chapter 12 plan, the debtors proposed to include that tax liability as an unsecured claim, relying on 11 U.S.C. § 1222(a)(2)(a). The IRS filed an objection to the plan.
ABI Membership is required to access the full summary of In re Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: