Shearer v. Cadlerock Joint Venture (In re Shearer)

OPINION

MARY D. FRANCE, Chief Bankruptcy Judge

Before me is the Objection filed by Randolph Allen Shearer (“Debtor”) to the proof of claim filed by CadleRock Joint Venture, L.P. (“CadleRock”) in the above-*719captioned bankruptcy case. Debtor argues that the claim should be disallowed because the unsecured mortgage deficiency was discharged in his 2004 Chapter 13 case. CadleRock counters that the claim was not discharged because Debtor’s confirmed plan provided for regular payments on the note to continue notwithstanding the lien foreclosure. For the reasons discussed below, I conclude that the…