United States Bankruptcy Court, M.D. Tennessee December 19, 2001, 3-00-04709 (In Re Brogden)
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United States · · · 19-12-2001
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.
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