Bankr. No.:
01-40111
Adv. No.:
05-4081
Chapter:
13
Date of Decision:
November 15, 2005
Issue:
Whether the debtor was entitled to have certain debts, judgments, and liens declared discharged following entry of his Chapter 13 discharge where some of the creditors’ claims were not treated in the plan and where some creditors had not received notice of the case?
Ruling:
Only debts that were "provided for" by the debtor’s Chapter 13 plan were discharged upon completion of plan payments, as provided by § 1328(a). Some of the creditors listed as defendants in the adversary did not receive notice of the case and did not participate in the confirmation process. Thus, their claims were not provided for by the plan and their claims were not discharged. The judgments supported by those claims also were not discharged. Further, the debtor would have to file a separate motion under 11 U.S.C. § 522(f), Fed.Rs.Bankr.P. 4003(d) and 9014, and Local Bankr. R. 4003-2 if he wanted any liens avoided. The complaint did not appropriately seek that relief.
Full Bankruptcy Court Decision:
