Date of Decision:
January 20, 2009
Whether, on Debtors' motion, the Court's order granting in part and denying in part Debtors' motion to discharge judgments should be altered or amended?
The Court's order was amended only to better describe the nature of the judgment creditor's claim and to preserve Debtors' right to commence an appropriate adversary proceeding to determine whether that claim had been discharged. The Court concluded that issue and the related issue of whether the judgment creditor's liens had been voided were better resolved through an adversary proceeding, when neither the judgments nor the judgment liens were acknowledged, identified, or provided for in Debtors' chapter 13 plan, when Debtors' plan did not state what would happen to claims held by unsecured or undersecured creditors who did not timely file proofs of claim, and when neither the judgment creditor nor Debtors timely filed a proof for the claim.
Full Bankruptcy Court Decision: