Bankr. No.:
03-50416
Chapter:
13
Date of Decision:
April 3, 2006
Issue:
On a motion for reconsideration, whether a general unsecured claim held by creditor who had notice of a case in time to file a proof of claim but who did not have notice of the case in time to participate in the confirmation process should be discharged upon completion of plan payments?
Ruling:
Only debts "provided for" by a confirmed plan are discharged under 11 U.S.C. § 1328(a). For a claim to be "provided for" by a plan, the creditor’s claim must be recognized in the plan and the creditor must have had notice of the case in time to participate in the confirmation process. Since the creditor in this case was not served with the plan and did not receive notice of the case in time to file an objection to the plan, its claim cannot be deemed to have been provided for by the plan and will not be discharged.
Full Bankruptcy Court Decision:
