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IN RE HIGHT

No. 10-2103.

670 F.3d 699 (2012)

In re Dianette HIGHT, Debtor. Michigan Department of Treasury, named as State of Michigan, Department of Treasury, Appellant, v. Dianette Hight, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Steven B. Flancher , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Benjamin M. White , Keller & Almassian, PLC, Grand Rapids, Michigan, for Appellee. ON BRIEF: Heather M.S. Durian , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Benjamin M. White , Keller & Almassian, PLC, Grand Rapids, Michigan, for Appellee.

Before: MARTIN and GIBBONS, Circuit Judges; STEEH, District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

In this bankruptcy case, the Michigan Department of Treasury objected to a protective proof-of-claim for a 2008 income tax debt filed on its behalf by a debtor, Dianette Hight, who filed for bankruptcy in January 2009, before the return and payment for these taxes were due on April 15, 2009. The bankruptcy court overruled this objection, finding that the claim was permitted...

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