Legal Opinion
In re Shiver
United States Bankruptcy Court, N.D. Florida
Decided December 21, 2012No. 11-50571-KKSPublished
1Opinion of the Court
MEMORANDUM OPINION OVERRULING DEBTOR’S OBJECTION TO HANCOCK BANK’S CLAIM NO. 3 (DOC. 66)
KAREN K. SPECIE, Bankruptcy Judge.
The issue here is whether a debtor whose confirmed Chapter 13 plan expressly extended the deadline for a certain creditor to file an unsecured deficiency claim can then have that creditor’s claim disallowed on the basis that it was not timely filed. In some cases the court just has to say “no;” this is just such a case.
BACKGROUND
The facts are undisputed. The Debtor filed his petition for Chapter 13 relief, Schedules and Chapter 13 plan on the same day. His plan, which was…
2Cases cited12 opinions
- IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
- In re GreenigCourt of Appeals for the Seventh Circuit · 1998
- Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re BaldridgeUnited States Bankruptcy Court, N.D. Indiana · 1999
- In Re HibbleUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
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