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|In re: MICHAEL CORRIN,
STATE OF TENNESSEE,
METROPOLITAN GOVERNMENT OF NASHVILLE &
HENRY E. HILDEBRAND, III,
MICHAEL CORRIN, personal representative for the
Estate of Mildred Josephine Bratt, deceased,
| Nos. 16-5717/5719|
Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee at Nashville.
No. 14-05344—Randal S. Mashburn, Judge
Argued: January 26, 2017
Decided and Filed: February 23, 2017
Before: MERRITT, MOORE, and STRANCH, Circuit Judges.
JANE B. STRANCH, Circuit Judge. This bankruptcy case raises questions of statutory
interpretation, federal preemption, and equal protection. Mildred Bratt filed a Chapter 13 plan
providing for 12% interest on overdue property taxes to which Metro Nashville objected, arguing
that Tennessee law specifies 18% interest. The bankruptcy court decided that the state law
violated the Supremacy Clause. The State of Tennessee intervened and the parties appealed.
The bankruptcy appellate panel (BAP) affirmed use of the 12% interest rate on different grounds,
relying instead on interpretation of federal and state statutes and declining to address the
constitutional arguments. Likewise, we AFFIRM the bankruptcy court’s approval of a plan
using the 12% interest rate based on the language of the statutes at issue.