[DOWNLOAD] "Matter Walter Howard and Verlean Howard v. Walter Howard and Verlean Howard" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

eBook details

Title: Matter Walter Howard and Verlean Howard v. Walter Howard and Verlean Howard
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 08, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 80 KB

Description

We deal in this case with the effect of a confirmed reorganization plan under Chapter 13 of the Bankruptcy Code on a secured creditor who fails to object to the plan before confirmation. We conclude that a Chapter 13 plan which purports to reduce or eliminate a creditors secured claim is res judicata as to that creditor only if the debtor has filed an objection to the creditors claim. If no objection is filed to a secured claim, the creditor is entitled to rely upon its lien and not participate in the bankruptcy proceedings. Accordingly, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.