In re Hibble
Jul
18
2007
Ruling
Creditor not entitled to deficiency claim resulting from post-confirmation disposition of collateral although a portion was allowable as administrative expense.
Procedural posture
The creditor, that held an undersecured lien on debtor's motor vehicle, repossessed the vehicle and sold it after the debtor defaulted and failed to make agreed monthly payments "outside" the bankruptcy estate. The creditor then filed a claim for the deficiency on the sale. The debtor objected to the claim as untimely, because it was filed after both the claims bar date and the entry of the order of confirmation.
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Court
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