Opinion on motions related to rights of Debtor and purchaser at tax sale.
Chapter 13 Debtor filed bankruptcy after tax sale purchaser of Debtor’s rental property served Debtor with Notice of Foreclosure of Equity of Redemption but prior to expiration of Debtor’s statutory right to redeem. In lieu of redeeming within 60 days after expiration of the redemption period pursuant to 11 U.S.C. §108(b),  Debtor filed a plan on the petition date while still within the original redemption period and proposed to pay the tax sale purchaser the redemption price in full over the applicable commitment period with additional interest. Tax sale purchaser sought relief from the automatic stay, and the debtor sought to determine the amount of claim and to pay the purchaser. The Court held (1)  Debtor’s right to redeem under O.C.G.A. § 48-4-40 et sec was property of the estate, (2) tax sale purchaser held a claim under 11 U.S.C. § 101 because Debtor’s underlying obligation was enforceable against Debtor’s property and tax sale purchaser’s right was translatable into monetary terms as established by the redemption price, (3) Debtor could modify the claim of tax sale purchaser under 11 U.S.C. §1322(b) notwithstanding  11 U.S.C. §§108(b) or 1322(c) because §108(b) does not  limit other rights afforded to Chapter 13 debtors by the Bankruptcy Code and  §1322(c) is inapplicable to rental property, and  (4) since the time for Debtor to pay the redemption price under 11 U.S.C. §108(b) had expired,  Debtor could only pay the redemption price pursuant to a confirmed plan.