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In re Desmond V. Van Zee and Patricia E. Van Zee

Bankr. No.: 
87-30128
Chapter: 
12
Date of Decision: 
February 11, 1994
Issue: 
Whether a county's tax liens survive a Chapter 12 discharge where the debtors' plan did not provide full payment of pre-petition taxes but where county did not object to the plan?
Ruling: 
The county's tax liens will survive discharge. The debtors' plan recognized the county's tax liens but did not provide for treatment of the liens in the plan. In the absence of § 506(a) litigation the liens will survive, although the county may not seek additional payments from the debtors personally.
Full Bankruptcy Court Decision: 
Appeal Summary: 
The district court affirmed the bankruptcy court’s decision and the Court of Appeals affirmed the district court in Van Zee v. Hand County (In re Van Zee), 48 F.3d 1226 (Table) (8th Cir. 1995).
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: 
Full Eighth Circuit Court of Appeals Opinion: