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judge mashburn

In re Gift

Ruling
Debtor's plan not required to provide for payment of state penalty as part of oversecured claim.
Procedural posture

A solvent bankruptcy debtor proposed a plan which provided for payment of interest on local governments' claims for unpaid real property taxes which were over-secured by statutory liens against the property, but did not provide for payment of penalty interest for late payment of the taxes. The governments objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on March 22, 2012 , LexisNexis #0412-110