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Disallowance of County Taxes POC when they are being paid through the Plan
A Chapter 13 client has her county taxes impounded. However, the county
filed a proof of claim for taxes due back in December and this coming
April. By now, the installment for December has actually been paid. It
had already been paid prior to the hearing on the motion for disallowance.
However, the Court did not grant the motion but continued the hearing for
us to brief the propriety of disallowing such claim for what appear to be
unmatured amounts that would be double-paid if allowed. Section 502 has no
prohibition against allowing claims if unmatured. Has anybody responded to
this and can share arguments or authorities?
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Commercial Litigation
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Estate Planning
A Chapter 13 client has her county taxes impounded. However, the county filed a proof of claim for taxes due back in December and this coming April. By now, the installment for December has actually been paid. It had already been paid prior to the hearing on the motion for disallowance. However, the Court did not grant the motion but continued the hearing for us to brief the propriety of disallowing such claim for what appear to be unmatured amounts that would be double-paid if allowed. Section 502 has no prohibition against allowing claims if unmatured. Has anybody responded to this and can share arguments or authorities?
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