Incentive Insider

III.RecommendationWith a few simple changes, much has been accomplished to remove the discrimination against secured tax claims. However, tax claims still must choose between a secured status and the priority status that receive the protections granted by Congress.

II. Evolution of Tax Claims in the CourtsB.Post-2005 Court I.Greenwood In Greenwood Point, while evaluating a plan for reorganization that included seven classes,[1]the court determined that a secured tax claim could constitute a class for purposes of § 1123.

II.Evolution of Tax Claims in the CourtsA.Pre-2005 Court I.Haas The case of In re Haas, clearly demonstrates the discrepancy that existed between secured tax claims and priority tax claims.[1]In this case, the taxpayer had both types of claims, a claim for income taxes amounting to $617,000, and a claim for employment taxes amounting to $68,000.

I.History of Tax Claims in BankruptcyC.Post-2005 CodeI.1129 Much of section 1129 was left unchanged by 2005 act.[1]The most important change for the purposes of this paper were introduced in section 1129(a)(9)(D).