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Legal Opinion

In Re Hudson

United States Bankruptcy Court, W.D. Michigan

Decided March 30, 2001No. 14-00552PublishedCited by 58 opinions

1Opinion of the Court

OPINION REGARDING BINDING EFFECT OF CONFIRMED CHAPTER 13 PLAN UPON SECURED CLAIM HOLDER

JAMES D. GREGG, Chief Judge.

I

ISSUE

Does the filing of a secured claim overcome contrary provisions contained in a confirmed chapter 13 plan?

II

JURISDICTION

The court has jurisdiction over this bankruptcy case. 28 U.S.C. § 1334. The case and all related proceedings have been referred to this court for decision. 28 U.S.C. § 157(a) and L.R. 83.2(a) (W.D. Mich.). This contested matter is a core proceeding because it pertains to allowance or disallowance of a secured creditor’s claim, 28 U.S.C. § 157(b)(2)(B), the…

2Cases cited49 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Calder v. BullSupreme Court of the United States · 1798
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

44 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. SLW Capital, LLC v. Mansaray-RuffinCourt of Appeals for the Third Circuit · 2008
  2. Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. Official Committe of Unsecured Creditors v. MoellerCourt of Appeals for the Fifth Circuit · 2015
  4. In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003
  5. In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005

53 more not listed; retrieve them via the Exa API.

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