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The plaintiff, Cherilyn E. Bryant, filed a chapter 13 bankruptcy petition after her property was sold at a tax sale to Carlton J. Ditto by Hamilton County. She sought to redeem the property, and Chattanooga Neighborhood Enterprise (CNE) tendered the redemption payment on her behalf within 60 days of her bankruptcy order for relief, citing 11 U.S.C. § 108(b). The defendants contended that this provision applies only to a trustee, not a chapter 13 debtor. The court granted the plaintiff's motion for summary judgment, ruling that a chapter 13 debtor, when exercising rights over property of the estate, is entitled to the same extension of time for redemption as a trustee under § 108(b). The court also found sufficient evidence that CNE acted as the plaintiff's agent in the redemption process, making the redemption timely.
Bryant v. Hamilton County (In re Bryant) is a workers' compensation case decided in United States Bankruptcy Court, E.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in United States Bankruptcy Court, E.D. Tennessee.
Full Decision Text1 Pages
The plaintiff, Cherilyn E. Bryant, filed a chapter 13 bankruptcy petition after her property was sold at a tax sale to Carlton J. Ditto by Hamilton County. She sought to redeem the property, and Chattanooga Neighborhood Enterprise (CNE) tendered the redemption payment on her behalf within 60 days of her bankruptcy order for relief, citing 11 U.S.C. § 108(b). The defendants contended that this provision applies only to a trustee, not a chapter 13 debtor. The court granted the plaintiff's motion for summary judgment, ruling that a chapter 13 debtor, when exercising rights over property of the estate, is entitled to the same extension of time for redemption as a trustee under § 108(b). The court also found sufficient evidence that CNE acted as the plaintiff's agent in the redemption process, making the redemption timely.
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