Opinion · Court of Appeals for the Ninth Circuit

In Re Betty Tomlan, Debtor. Ian Ledlin, Trustee v. United States

907 F.2d 114

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1990-07-12
Topic
general

PER CURIAM: We consider whether the IRS must timely file a proof of its unsecured claims in order to obtain priority status in a Chapter 13 bankruptcy. We conclude that it must, adopting as our own the excellent opinion of Judge Quackenbush below, reported at 102 B.R. 790 (E.D.Wash.1989). AFFIRMED.

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Cited by
16 opinions
IN RE TOMLAN,907 F.2d 114(9th Cir. 1990)
IN RE BETTY TOMLAN, DEBTOR.
IAN LEDLIN, TRUSTEE, PLAINTIFF-APPELLEE, v. UNITED STATES OF AMERICA,
DEFENDANT-APPELLANT.
No. 89-35673.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted June 8, 1990.
Decided July 12, 1990.
Gary R. Allen, U.S. Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellant.

Allan Galbraith, Carlson Drewelow, Wenatchee, Wash., for plaintiff-appellee.
Appeal from the United States District Court for the Eastern District of Washington; Justin L. Quackenbush, District Judge, Presiding.
Before WRIGHT, WALLACE and KOZINSKI, Circuit Judges.
PER CURIAM:
[1] We consider whether the IRS must timely file a proof of its unsecured claims in order to obtain priority status in a Chapter 13 bankruptcy. We conclude that it must, adopting as our own the excellent opinion of Judge Quackenbush below, reported at102 B.R. 790(E.D.Wash. 1989).

[2] AFFIRMED.Page 115