Legal Opinion

In re Jones

United States Bankruptcy Court, N.D. Indiana

Decided August 5, 2016No. CASE NO. 15-11460PublishedCited by 2 opinions

1Opinion of the Court

DECISION ON MOTION FOR RELIEF FROM STAY

Robert E. Grant, Chief Judge, United States Bankruptcy Court

Nearly twenty years ago this court said: “No one is ever required to file a proof of claim in any bankruptcy proceeding; it is just that not doing so has consequences.” In re Baldridge, 232 B.R. 394, 396 (Bankr.N.D.Ind.1999). See also, In re Matteson, 535 B.R. 156, 163 (6th Cir. BAP 2015). That statement is as true today as it was then. By not filing a proof of claim, the Grant County State Bank is discovering what those consequences are. *870In a chapter 13 case such as this, if a secured creditor…

2Cases cited16 opinions

  1. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  2. Long v. BullardSupreme Court of the United States · 1886
  3. Long and Wife v. BullardSupreme Court of the United States · 1886
  4. In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. In re PajianCourt of Appeals for the Seventh Circuit · 2015

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3Cited by2 opinions

  1. Dana J. Weyer and Lori A. WeyerUnited States Bankruptcy Court, W.D. Wisconsin · 2020
  2. Weyer, Dana v. Valley Communities Credit UnionDistrict Court, W.D. Wisconsin · 2022

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