Legal Opinion
In re Aguero
United States Bankruptcy Court, S.D. Florida.
Decided December 13, 2018No. CASE NO. 17-17333-RAMPublishedCited by 1 opinion
1Opinion of the Court
Robert A. Mark, Judge, United States Bankruptcy Court
If a secured creditor files a proof of claim in a chapter 13 case that reserves the right to amend to seek a deficiency if the collateral is liquidated, should the Court allow the amended claim for an unsecured deficiency even if the amended claim is filed after confirmation? While recognizing that this type of post-confirmation amended claim should not always be allowed, the Court finds that in this case, allowing the amended claim benefits the Debtor with minimal, if any, prejudice to other creditors.
Procedural and Factual Background
The…
2Cases cited6 opinions
- In Re International Horizons, Inc., Debtors, United States of America v. International Horizons, Inc.Court of Appeals for the Eleventh Circuit · 1985
- In The Matter Of Casco Chemical Co.Court of Appeals for the Fifth Circuit · 1964
- In Re MatthewsUnited States Bankruptcy Court, M.D. Florida · 2004
- In Re WintersUnited States Bankruptcy Court, M.D. Florida · 2007
- In re ParkUnited States Bankruptcy Court, M.D. Florida · 2015
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3Cited by1 opinion
- In re ZambranoUnited States Bankruptcy Court, S.D. Florida. · 2019