In Re Zimmerman
United States Bankruptcy Court, C.D. Illinois
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Bankruptcy Judge.
Before the Court is the objection by the Debtors, KEVIN and ROBERTA ZIMMERMAN (DEBTORS) to Claim No. 3 filed by HEIGHTS FINANCE (HEIGHTS), and the response thereto filed by HEIGHTS. The issue presented is whether confirmation of a Chapter 13 plan, without objection of a secured creditor, avoids the creditor’s hen, where the plan does not name the creditor or acknowledge its hen, but includes a provision that ah creditors not classified as secured are deemed unsecured whose hens are void.
Two months prior to filing their petition, the DEBTORS purchased…
2Cases cited27 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
- In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of MontpelierCourt of Appeals for the Seventh Circuit · 1990
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3Cited by13 opinions
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- In re Pierport Development & Realty, Inc.United States Bankruptcy Court, N.D. Illinois · 2013
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