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IN RE SENCZYSZYN

No. 10-11586. Bankr.No. 09-49868.

444 B.R. 750 (2011)

In re Gary J. SENCZYSZYN and Rose I. Senczyszyn, Debtors. Michigan Department of Treasury, Appellant, v. Gary J. Senczyszyn and Rose I. Senczyszyn, Appellees.

United States District Court, E.D. Michigan, Southern Division.

February 11, 2011.

Attorney(s) appearing for the Case

Juandisha M. Harris , Michigan Department of Attorney General, Detroit, MI, for Appellant.

Charles J. Schneider , Charles J. Schneider Assoc., Livonia, MI, for Appellees.

OPINION AND ORDER AFFIRMING BANKRUPTCY COURT'S OPINION AND ORDER

ROBERT H. CLELAND, District Judge.

The court in this appeal is presented with two questions of law. First, which section or sections of the Bankruptcy Code govern how to characterize a "straddling" tax claim, specifically whether it is a post-petition claim under the statutory scheme enacted by Congress for chapter 13 bankruptcies. Second, if 11 U.S.C. § 1305 governs, the court must decide...

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