[Download] "Matter Walter Howard and Verlean Howard v. Walter Howard and Verlean Howard" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Matter Walter Howard and Verlean Howard v. Walter Howard and Verlean Howard
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 08, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
We deal in this case with the effect of a confirmed reorganization plan under Chapter 13 of the Bankruptcy Code on a secured creditor who fails to object to the plan before confirmation. We conclude that a Chapter 13 plan which purports to reduce or eliminate a creditors secured claim is res judicata as to that creditor only if the debtor has filed an objection to the creditors claim. If no objection is filed to a secured claim, the creditor is entitled to rely upon its lien and not participate in the bankruptcy proceedings. Accordingly, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.
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