In Re Fareed
United States Bankruptcy Court, N.D. Illinois
1Opinion of the Court
MEMORANDUM OF OPINION
EUGENE R. WEDOFF, Bankruptcy Judge.
The dispute now before the court raises the recurring question of the proper procedure for valuing collateral in Chapter 13. In this case, a creditor filed a proof of claim asserting a particular collateral value, and, following plan confirmation, the debtor filed an objection to the proof of claim, asserting a lower value. The creditor has responded with a motion to dismiss the objection, contending that any challenge to the collateral value asserted in its proof of claim had to be raised before confirmation. As explained below, (1) the…
2Cases cited15 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- 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 by18 opinions
- Morton v. Morton (In Re Morton)Bankruptcy Appellate Panel of the Sixth Circuit · 2003
- Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In Re TaylorUnited States Bankruptcy Court, N.D. Indiana · 2003
- In Re WrightUnited States Bankruptcy Court, N.D. Illinois · 2003
- Hildebrand v. Hays Imports, Inc. (In Re Johnson)United States Bankruptcy Court, M.D. Tennessee · 2002
13 more not listed; retrieve them via the Exa API.