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In re Averhart

In re Averhart

Ruling
Plan rate of interest, not Till rate, applied where creditor's priority claims would be paid in full and creditor did not timely object.
Procedural posture

The debtor filed for relief under chapter 13. The creditor, which held a security interest in the debtor's car, filed a proof of claim, and the debtor filed an objection to the creditor's proof of claim. The debtor claimed that pursuant to 11 U.S.C. § 1327, the creditor's claim was limited to the amount confirmed in the plan.

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opinion summary, case decided on July 12, 2007 , LexisNexis #0907-058