County of Ventura Tax Collector v. Brawders (In Re Brawders)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
In rare circumstances, the res judicata effect of a confirmed Chapter 13 plan can effectively avoid a creditor’s lien or modify its in rem rights even if there is no valid legal basis for doing so, provided that the plan does so explicitly and due process considerations are met. 1
Although the Chapter 13 plan in this case has language that clearly affects some secured creditors’ rights, none of that language applies to the specific rights at issue here. Alternatively, even if the plan could be read to affect the secured creditor’s rights, applying that strained…
2Cases cited26 opinions
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- Valley National Bank v. A.E. Rouse & Co.Court of Appeals for the Ninth Circuit · 1997
- In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
- Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
- In Re TrejosUnited States Bankruptcy Court, D. Nevada · 2006
- Turek v. Dehart (In Re Turek)United States Bankruptcy Court, M.D. Pennsylvania · 2006
- In re DardenUnited States Bankruptcy Court, D. Massachusetts · 2012
18 more not listed; retrieve them via the Exa API.