Legal Opinion

Williams v. M. Bruenger & Co. (In re Brannan)

United States Bankruptcy Court, D. Kansas

Decided June 25, 2015No. Case No. 13-12834; Adv. No. 14-5068PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

Robert E. Nugent, United States Chief Bankruptcy Judge

Is the chapter 13 Trustee barred from avoiding a secured creditor’s liens post-confirmation when she did not object to confirmation? Does it matter whether the Trustee signed an Agreed Order providing for the creditor’s claims to be treated as *836secured or that she did so before the claims bar date and didn’t have an opportunity to see, far less object to, the creditor’s claim before confirmation? And if the orders bar her efforts, does § 502(j) reconsideration of the claims leave the trustee another source of relief?

Section…

2Cases cited35 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Wallis v. Justice Oaks II, Ltd. (In re Justice Oaks II, Ltd.)Court of Appeals for the Eleventh Circuit · 1990
  3. Wallis v. Justice Oaks II, Ltd.Supreme Court of the United States · 1990
  4. United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
  5. In Re Kevin J. Layo. Andrea E. Celli, Trustee-Appellant v. First National Bank of Northern New YorkCourt of Appeals for the First Circuit · 2006

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3Cited by2 opinions

  1. Douglas Kiel v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2016
  2. Ronald A Goodwin and Michelle L GoodwinUnited States Bankruptcy Court, D. Kansas · 2022

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