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IN RE BROGDEN

No. 3-00-04709.

274 B.R. 287 (2001)

In re John V. BROGDEN, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

December 19, 2001.

Attorney(s) appearing for the Case

Thomas J. Drake, Jr., Nashville, TN, for debtor.

Henry E. Hildebrand, III, Nashville, TN, Chapter 13 Trustee.

Michael J. Martineau, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, D.C.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue is whether 11 U.S.C. § 502(b)(9) disallows the untimely filed claim of the IRS when the IRS lacked timely notice of this Chapter 13 case. Section 502(b)(9) mandates disallowance and precludes the IRS's equitable arguments. The availability of other remedies quells the IRS's plea for "fundamental fairness." The following constitute findings of fact and conclusions of law. Fed.R.Bankr.P. 7052(a)...

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