Alonso v. Summerville (In Re Summerville)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BRANDT, Bankruptcy Judge.
This appeal from an amended stay relief order presents the question of the effect of a confirmed Chapter 13 1 plan on a claim to be paid outside of the plan. Applying preclusion analysis, we conclude that the chapter 13 plan and confirmation order did not bar the debtor from contesting an obligation based on a debt being paid outside the plan, and AFFIRM.
I. FACTS
Debtor Suzanne Summerville filed a chapter 13 petition in 2002, scheduling a secured debt of $50,000 she had borrowed from Maria Alonso to purchase her home in Van Nuys, California (the “Property”). The…
2Cases cited21 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Billy R. Shapley v. Nevada Board of State Prison Commissioners, an Administrative BodyCourt of Appeals for the Ninth Circuit · 1985
- Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
- In Re Brian D. Hammer, Debtor. Brian D. Hammer v. Michael Drago and Ed SummersCourt of Appeals for the Ninth Circuit · 1991
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