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IN RE MILLER

Bankruptcy No. 3-89-04281-TC, Adversary No. 00-3-077-TC.

253 B.R. 455 (2000)

In re William M. MILLER, Debtor. William M. Miller, Plaintiff, v. United States of America, through its Department of Treasury Internal Revenue Service; and State of California, through its State Board of Equalization, Defendants.

United States Bankruptcy Court, N.D. California.

October 3, 2000.

Attorney(s) appearing for the Case

Iain A. Macdonald, Kaipo K.B. Young, Macdonald & Associates, San Francisco, CA, for Plaintiff William M. Miller.

Bill Lockyer, Attorney General, Julian O. Standen, Deputy Attorney General, California State Board of Equalization, San Francisco, CA, for Defendant California State Board of Equalization.

Robert S. Mueller, III, United States Attorney, Jay R. Weill, Assistant United States Attorney, Thomas R. Mackinson, Special Assistant U.S. Attorney Internal Revenue Service, San Francisco, CA, for Defendant The United States of America, Department of Treasury, Internal Revenue Service.

OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

Debtor seeks to bar taxing authorities from collecting otherwise nondischargeable debts on the basis that his chapter 11 plan provides for their discharge and that principles of res judicata require all plan terms to be fully enforced. The requested relief is denied because the plan did not provide clearly enough for the discharge of nondischargeable debts.

FACTS

Debtor...

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