- 11 U.S.C.
City View Land Dev., LLC, In re
Dec
23
2021
Ruling
Debtor's proposed extension of payments to the creditors denied as it would have precludedthe creditors' claims from being classified as allowed secured claims. (Bankr. W.D. Wis.)
Issue(s)
Contents of Plan.
ABI Membership is required to access the full summary of City View Land Dev., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Williams
Apr
22
2016
Ruling
Debtors who were no longer actively farming were allowed to liquidate their family farming operation under chapter 12.
Issue(s)
Should case be dismissed on the grounds that the debtors are not eligible under chapter 12?
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hermann
Apr
03
2013
Ruling
Debtor who changed scope of family farming operation and form of organization was still a family farmer eligible for relief.
Procedural posture
Debtor, who had dissolved his family farm partnership with his brother, sought confirmation of his proposed chapter 12 plan of reorganization, and met the requirements of 11 U.S.C.S. §§ 101(18)(A) and 109(f). Taxing authority creditors, the Internal Revenue Service (IRS) and the state (IDOR), objected to the plan, asserting that 11 U.S.C.S. § 1222(a)(2)(A) did not apply to the debtor.
ABI Membership is required to access the full summary of In re Hermann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ferguson
Jan
02
2013
Ruling
Confirmation denied due to proposal to use estate assets to pay postpetition tax liability.
Procedural posture
The debtors sought confirmation of a first amended chapter 12 plan of reorganization. Objections to confirmation were filed by certain creditors. The standing chapter 12 trustee asserted a verbal objection and filed a brief in opposition to confirmation.
ABI Membership is required to access the full summary of In re Ferguson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hall v. United States
May
14
2012
Ruling
Federal tax liability resulting from postpetition sale of debtors' farm was not incurred by the estate and was neither collectible nor dischargeable in debtors' Chapter 12 plan.
Procedural posture
Debtors who filed a bankruptcy petition under chapter 12 and then sold their farm proposed a plan which provided for treatment of the capital gains tax from the sale as an unsecured claim, and respondent United States objected. Upon the grant of a writ of certiorari, the debtor appealed the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the tax was not subject to treatment in the debtors' plan.
ABI Membership is required to access the full summary of Hall v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: U.S. Supreme Court
- 11 U.S.C.
Smith v. United States (In re Smith)
Mar
10
2011
Ruling
Capital gains tax obligations resulting from postconfirmation sale of farm assets was not subject to terms of plan and would not be treated as a general unsecured claim.
Procedural posture
When, citing 11 U.S.C.S. § 1222(a)(2)(A), chapter 12 debtors asked the court to declare that a capital gains tax obligation resulting from their postconfirmation sale of farm assets was properly treated as a general unsecured claim that was not entitled to priority, the IRS objected. The IRS also asserted that the court lacked jurisdiction to determine the issue by reason of sovereign immunity.
ABI Membership is required to access the full summary of Smith v. United States (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States v. Hall
Aug
16
2010
Ruling
District court erred in reversing bankruptcy court ruling sustaining IRS objection to plan that would not have paid taxes in full from proceeds of sale of farm.
Procedural posture
United States challenged a decision of the District Court for the District of Arizona reversing the bankruptcy court's decision, which sustained the IRS's objection to appellee chapter 12 debtor's plan of reorganization.
ABI Membership is required to access the full summary of United States v. Hall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
IRS v. Ficken (In re Ficken)
May
07
2010
Ruling
Income tax liability for sales of cattle in debtor's farming operation properly held to be unsecured nonpriority claim.
Procedural posture
Debtor brought an adversary proceeding against appellant Internal Revenue Service (IRS) seeking a determination that the debtors' income tax liability from sales of cattle in their farming operation constituted an unsecured, nonpriority claim under 11 U.S.C.S. § 1222(a)(2)(A). The IRS appealed the order of the Bankruptcy Court for the District of Colorado which granted summary judgment to the debtors.
ABI Membership is required to access the full summary of IRS v. Ficken (In re Ficken) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re McGowan
Mar
23
2009
Ruling
Confirmation of chapter 12 plan denied due to term of ten years rather than the requisite five years.
Procedural posture
After debtors sought confirmation for their amended chapter 12 plan, it was asserted that the plan could not be confirmed because it proposed payment of unsecured claims over a 10 year period in spite of contrary provisions in 11 U.S.C.S. § 1222(c). Other objections were also asserted.
ABI Membership is required to access the full summary of In re McGowan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States v. Nazar (In re Dawes)
Mar
12
2009
Ruling
Bankruptcy court properly held that postpetition capital gains taxes on proceeds of farm sale were general unsecured claims.
Procedural posture
Appellant objected to confirmation of appellee debtors' chapter 12 plan, which treated the capital gains taxes they owed from a postpetition sale of real property used for farming as a general unsecured claim. The bankruptcy court for the District of Kansas found that 11 U.S.C.S. § 1222(a)(2)(A) applied to the capital gain taxes, thereby denying the objection. The United States filed an interlocutory appeal.
ABI Membership is required to access the full summary of United States v. Nazar (In re Dawes) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: