Copeland, et al v. Fink, No. 12-6034 (8th Cir. 2012)
Annotate this CaseDebtors appealed from the order of the bankruptcy court confirming their amended Chapter 13 plan. At issue was whether the bankruptcy court erred when it confirmed debtors' plan that did not provide for payment of unsecured non-priority tax claims and tax preparation fees ahead of other non-priority unsecured creditors. Because a plan proposed by debtors providing for special treatment of the tax claims would unfairly discriminate against other unsecured non-priority creditors, the Bankruptcy Appellate Panel held that the bankruptcy court's confirmation of the plan was proper.
Court Description: Bankruptcy Appellate Panel. The bankruptcy court did not err in rejecting debtor's initial plan as it would have given special treatment to their state and federal tax claims, unfairly discriminating against other unsecured non-priority creditors; nor did the court err in approving the debtors' amended Chapter 13 plan that did not provide for payment of the unsecured non-priority tax claims and tax preparation fees ahead of the other non-priority unsecured creditors. [ November 16, 2012
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