3.16 Objecting To Tax Claims

JurisdictionUnited States

3.16 CONFIRMATION HEARING


Many issues may be resolved at the confirmation hearing on the theory that a confirmed plan that adjudicates those issues is binding.

But, held in dicta, the debtor could not use the confirmation hearing to dispute the value of a tax lien. In re Branch, 228 B.R. 831 (Bkrtcy. E.D.Va. 1998).

In CenPen Corp. v. Hanson, 58 F.3d 89 (4th Cir. 1995), the debtors, relying on 11 U.S.C. § 1327, provided in the plan that unless the secured creditor objected, final discharge would have the effect of avoiding the creditor's lien. The...

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