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IN RE TUTTLE

No. 01-3129.

291 F.3d 1238 (2002)

In re John Marshall TUTTLE; Leona Julia Tuttle, Debtors, Leona Julia Tuttle, Appellant, v. United States of America, Appellee.

United States Court of Appeals, Tenth Circuit.

May 29, 2002.

Attorney(s) appearing for the Case

Todd A. Luckman (Gary H. Hanson and Wesley F. Smith with him on the brief), Stumbo, Hanson & Hendricks, LLP, Topeka, KS, for the appellant.

Curtis C. Pett, Attorney, Tax Division, Department of Justice (Eileen J. O'Connor, Assistant Attorney General; Bruce R. Ellisen, Attorney, Tax Division, Department of Justice; and James E. Flory, United States Attorney, with him on the brief), Washington, DC, for the appellee.

Before TACHA, Chief Judge, HENRY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Leona Tuttle, debtor in a Chapter 11 bankruptcy case, appeals from a decision of the Bankruptcy Appellate Panel (BAP) holding that, even after confirmation and successful completion of her Chapter 11 plan, she remains personally liable for "gap interest," i.e., interest that accrued between the date her petition was filed and the date her plan was confirmed, on a nondischargeable tax debt to the Internal...

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