Bankr. No.:
96-40590
Adv. No.:
97-4016
Chapter:
13
Date of Decision:
December 4, 1998
Issue:
Whether creditor's amended proof of claim was timely where it was filed after Debtor's plan was confirmed, confirmed plan did not acknowledge an unresolved claim, and where creditor changed large claim from secured to unsecured?
Ruling:
Amended claim was not timely. Most important, under ยง 1329, confirmed plan could not be modified to treat the amended claim because none of three allowed types of modification was applicable. The Court, however, agreed to value the amended claim to aid Debtor and the creditor it treating the claim outside the plan.
Full Bankruptcy Court Decision:
