Bankr. No.:
03-50416
Chapter:
13
Date of Decision:
March 6, 2006
Issue:
Whether Debtors were entitled to modify their confirmed Chapter 13 plan over the objection of a creditor who had not timely filed a proof of claim and who wanted its claim now included in the modification?
Ruling:
Debtors’ motion to modify their confirmed plan, which changed the treatment of a home mortgage claim, was granted. Since the objector had not timely filed a proof of claim, 11 U.S.C. § 1329(a) restricted Debtors’ and the creditor’s ability to now modify the plan to treat the claim. The unfiled claim, however, will not be discharged because it was not provided for by the plan. 11 U.S.C. § 1328(a).
Full Bankruptcy Court Decision:
