Legal Opinion

In re Shank

United States Bankruptcy Court, S.D. Texas

Decided June 30, 2017No. CASE NO: 11-10480PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION GRANTING DEBTORS’ MOTION TO DEEM MORTGAGE FULLY PAID & DEBTORS CERTIFICATION AND MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE

Resolving ECF Nos. 77, 82

Eduardo V. Rodriguez, United States Bankruptcy Judge

I. INTRODUCTION

This is a case which, at its conclusion, roused “a sleeping giant and fill[ed] him *242with a terrible resolve.”1 A chapter 13 plan confirmation order is entitled to finality, absent a timely appeal or proceeding to revoke confirmation, and the parties are protected from having to relitigate issues that were or could have been decided before plan confirmation. As the…

2Cases cited35 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Kontrick v. RyanSupreme Court of the United States · 2004
  5. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010

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3Cited by4 opinions

  1. Halden Ray Livingston and Dawn Denise LivingstonUnited States Bankruptcy Court, N.D. Mississippi · 2019
  2. Jose Luis Orosco and Vivian Garcia OroscoUnited States Bankruptcy Court, N.D. Texas · 2020
  3. Pearl Resources LLC v. Allied OFS LLCUnited States Bankruptcy Court, S.D. Texas · 2022
  4. Rosbottom v. SchiffDistrict Court, W.D. Louisiana · 2018

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