Copeland v. Fink (In re Copeland)

Summarized by ,
13 years 3 months ago

Citation:

Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)

Tag(s):

Ruling:

AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on nondischargeability of the claims because such treatment would unfairly discriminate against other non-priority unsecured creditors.

Procedural context:

Debtors appealed the confirmation of their own plan, which was confirmed over the Debtors' objection.

Facts:

Debtors owed significant non-priority unsecured tax obligations that were nondischargeable. Debtors first proposed a Chapter 13 Plan that treated the non-priority unsecured tax obligations as a "special" class ahead of all the other non-priority unsecured creditors. After the court denied confirmation of this first Plan, the Debtors proposed a plan that included the tax obligations among the general, non-priority, unsecured claims. This plan was confirmed over the Debtors' objection.

Judge(s):

Kressel, Schermer, and Nail

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