Shook v. CBIC (In Re Shook)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
This appeal is an example of how chapter 131 debtors can lose the ability to *818challenge a filed claim by failing to object, despite ample opportunities to do so, until years after the trustee has paid the claimant in full.
The creditor filed a secured proof of claim. The chapter 13 plan was silent regarding the secured claim and lien.
When the chapter 13 trustee noticed his intention to pay a 100% distribution to the creditor on its deemed allowed secured claim, unless the debtors objected to the claim within 30 days, the debtors still did not object.
Th…
2Cases cited58 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Rake v. WadeSupreme Court of the United States · 1993
53 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Giesbrecht v. Fitzgerald (In Re Giesbrecht)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
39 more not listed; retrieve them via the Exa API.