IN RE WESTBERRY

No. 98-6779

215 F.3d 589 (2000)

In re: Wilbur G. WESTBERRY, Debtor. Internal Revenue Service, Appellee, v. Wilbur G. Westberry, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2000


Attorney(s) appearing for the Case

A. Wray Muoio (argued and briefed), Tax Division, Department of Justice, David English Carmack (briefed), John A. Nolet, U.S. Dept of Justice, Appellate Section Tax Division, Washington, D.C., for Appellee.

Mark H. Westlake (argued and briefed), Westlake & Marsden, Nashville, Tennessee, for Appellant.

Before: COLE and CLAY, Circuit Judges; BELL, District Judge.


OPINION

COLE, Circuit Judge.

The sole issue presented in this appeal is whether federal income and self-employment taxes should be considered consumer debt for purposes of 11 U.S.C. § 1301, the codebtor stay set forth in the Bankruptcy Code. For the reasons that follow, we hold that these taxes are not consumer debt and, therefore, AFFIRM the judgment of the district court.

I.

The facts are stipulated by the parties. The following...

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