Consumer Bankruptcy Journal Spring 2016 | Page 49

PROPERTY TAX CERTIFICATE CLAIMS statute for tax certificates. That statute basically states that the property owner has to pay the certificate face value plus the certificate rate of interest on the certificate purchase price on a simple interest basis from the time the certificates are sold until the time the certificates are redeemed plus reasonable attorney’s fees and costs. Thus state law does not give credit, for interest calculation purposes, for any principal that is paid down. What follows are the recent issues that have been raised, the recent case law holdings, and an example of how to calculate the claims in light of the recent case law. This recent case law has made it clear that while the tax value itself cannot be contested in the bankruptcy, the amount to be paid on the allowed secured claims can be modified under a chapter 13 plan. Further, case law has held that redemption under state law is not necessary within the context of a chapter 13 repayment plan and the inclusion of pre-calculated post-petition interest cannot be included in the tax certificate claims. Pursuant to 11 U.S.C. §1322, a debtor can modify a secured claim other than a claim secured only by a security interest in real property that is the debtor’s principal residence. While tax certificate holders may have a secured claim, they do not, however, have a security interest, See In re Lamont, 740 F. 3d 397, 409 (7th Cir. 2014); In re Slade-Lanier 2014 WL 2565919. The distinction is that security interests are created consensually, tax certificates are not. In re McLemore, 426 B.R. 728 (Bankr. S.D.OH 2010) (citing 11 U.S.C. § 101(51); Cortner, 400 B.R. at 611) Debtors may therefore modify the rights of tax claims provided they meet the other requirements for treatment of secured claims under §1325(a)(5). The certificate holders argued that the bankruptcy process could not alter the state law redemption process and that the claims had to be paid pursuant to that redemption process or the tax liens would not be released. In Plym