Legal Opinion
In the Matter of Walter Howard and Verlean Howard, Debtors. Sun Finance Company, Inc. v. Walter Howard and Verlean Howard
Court of Appeals for the Fifth Circuit
Decided September 8, 1992No. 91-3595PublishedCited by 94 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We deal in this case with the effect of a confirmed reorganization plan under Chapter 13 of the Bankruptcy Code on a secured creditor who fails to object to the plan before confirmation. We conclude that a Chapter 13 plan which purports to reduce or eliminate a creditor’s secured claim is res judicata as to that creditor only if the debtor has filed an objection to the creditor’s claim. If no objection is filed to a secured claim, the creditor is entitled to rely upon its lien and not participate in the bankruptcy proceedings. Accordingly, we reverse the…
2Cases cited8 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- REPUBLIC SUPPLY CO., Plaintiff-Appellee, v. Joseph SHOAF, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1987
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
- In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
- Internal Revenue Service v. Taylor (In Re Taylor)Court of Appeals for the Fifth Circuit · 1998
- In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
89 more not listed; retrieve them via the Exa API.