Legal Opinion
IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen Bateman
Court of Appeals for the Eleventh Circuit
Decided May 22, 2003No. 02-11221PublishedCited by 106 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this bankruptcy appeal, we decide that a secured creditor cannot collaterally attack a confirmed Chapter 13 plan, even though the plan conflicted with the mandatory provisions of the bankruptcy code, when the secured creditor failed to object to the plan’s confirmation or appeal the confirmation order. We also hold that a secured creditor’s claim for mortgage ar-rearage survives the confirmed plan to the extent it is not satisfied in full by payments under the plan, or otherwise satisfied under the terms § 1325(a)(5), because to permit otherwise would deny the effect…
2Cases cited27 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Stoll v. GottliebSupreme Court of the United States · 1938
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
22 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Whaley v. Tennyson (In Re Tennyson)Court of Appeals for the Eleventh Circuit · 2010
- In Re ShankUnited States Bankruptcy Court, N.D. Georgia · 2004
- Wachovia Dealer Services v. Jones (In Re Jones)Court of Appeals for the Tenth Circuit · 2008
- Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
- Carvalho v. Federal National Mortgage Ass'nCourt of Appeals for the First Circuit · 2003
101 more not listed; retrieve them via the Exa API.