In re Padilla
Jan
30
2013
Ruling
Election of fully secured status filed before final order on disclosure statement hearing was timely.
Procedural posture
A creditor secured by a bankruptcy debtor's real property objected to the debtor's plan to cram down the creditor's claim and filed an election under 11 U.S.C.S. § 1111(b) to have its claim treated as fully secured. The debtor contended that the notice of election was not timely filed before the conclusion of the hearing on the debtor's disclosure statement.
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Court
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