the delay could be avoided by simply not taking the appeal. Wonder Corp., at 1021. A creditor's argument that such a delay is unreasonable is a self-fulfilling prophecy. Id. In the case at hand, debtor seeks to set the effective date one year from confirmation not to exhaust the appeal process, but solely to buy extra time to collect account receivables.
Because of debtor's failure to pay post filing taxes when due, it has incurred substantial post-filing tax liability. Under 11 U.S.C. § 1129(a)(9)(A), this liability must be paid in cash upon the effective date of the plan. It does not have that cash - it may never collect that sum from the accounts receivable. In the meanwhile it wishes to *175 transfer the operating entity to PICO free of any concern for the unpaid administrative expenses and free of an concern for the failure of debtor's plan.
Debtor forces the taxing authorities to bear all the risk of the plan. In sum, the Internal Revenue Service and the State of Maryland have been waiting patiently for over four years for a distribution from the bankruptcy estate. Their positions have worsened with debtor's failure to pay post-filing trust fund taxes. An appropriate order will be entered.
NOTES [1] Places where "effective date" appears in the Code:
a) § 943 (b)(5) Confirmation
b) § 1129 Confirmation of plan
§§ (a)(7)(A)(ii), (a)(7)(B), (a)(9)(A), (a)(9)(B)(i), (a)(9)(B)(ii), (a)(9)(C), (a)(12), (a)(13), (b)(2)(A)(i) (II), (b)(2)(B)(ii), (b)(2)(C)(i)
c) § 1145 (d) Exemption from securities laws
d) § 1173 (a)(2) Confirmation of plan (Railroad)
e) § 1225 Confirmation of plan
§§ (a)(4), (a)(5)(B)(ii), (b)(1)
f) § 1228 (b)(2) Discharge
g) § 1325 Confirmation of plan
§§ (a)(4), (a)(5)(B)(ii), (b)(1)
h) § 1328 (b)(2) Discharge