- 11 U.S.C.
In re Turner
Dec
21
2009
Ruling
Whether a tax claim in a chapter 13 case is prepetition or postpetition is determined by due date.
Procedural posture
A debtor filed a voluntary chapter 13 petition. After confirmation, the debtor filed a priority claim on behalf of the State of Michigan Department of Treasury (Treasury) for his 2008 tax obligation. The Treasury objected to the claim, contending that the 2008 tax obligation was a postpetition liability pursuant to 11 U.S.C.S. § 1305 and that the claim should be disallowed as a prepetition claim.
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Court
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