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§ 1327

In re Rice

Ruling
County could not add administration fee to claim for delinquent property taxes afterconfirmation. (Bankr. E.D. Mich.)
Issue(s)
Could county add a four percent administration fee to tax claim after debtors’ chapter 13 plan had been confirmed?

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Consumer opinion summary, case decided on September 01, 2016 , LexisNexis #0916-136

Kansas Dept of Labor v. Singleton (In re Singleton)

Ruling
State department of labor was bound by treatment of claim in confirmed plan in debtor’s earlier case.
Issue(s)
Was claim for fraudulent receipt of unemployment benefits nondischargeable in debtor’s second bankruptcy case?

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Consumer opinion summary, case decided on July 07, 2016 , LexisNexis #0816-023

Title Max v. Hurst (In re Northington)

Ruling
Res judicata barred pawnbroker creditor from objecting to debtor's confirmed plan.
Issue(s)
Whether res judicata barred the pawn creditor from challenging a confirmed Chapter 13 plan.

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Consumer opinion summary, case decided on April 29, 2016 , LexisNexis #0516-137

Title Max v. Hurst (In re Wilber)

Ruling
Creditor was bound by terms of confirmed plan and prevented from seeking relief from stay.
Issue(s)
Was creditor pawnbroker entitled to post-confirmation relief from stay in chapter 13 case?

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Consumer opinion summary, case decided on April 29, 2016 , LexisNexis #0516-136

In re Yao

Ruling
Reconversion from chapter 7 to chapter 13 allowed where only four payments remained under original plan.
Issue(s)
Could debtor re-convert chapter 7 case to chapter 13 and resume making the remaining payments under the prior confirmed chapter 13 plan?

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Consumer opinion summary, case decided on March 31, 2016 , LexisNexis #0416-138

In re Hrubec

Ruling
Plan including payments to creditor that did not file a proof of claim could be confirmed.
Issue(s)
Is a chapter 13 debtor prohibited from reaching an agreement with a secured creditor to pay that creditor through a plan even though the secured creditor has not filed a proof of claim?

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Consumer opinion summary, case decided on January 27, 2016 , LexisNexis #0216-134

In re Pennington

Ruling
Debtor could use insurance proceeds to buy a new car where secured auto loan creditor was bound by terms of confirmed plan.
Issue(s)
Could debtor use insurance proceeds received following damage to vehicle as cash collateral to buy a new car rather than turning proceeds over to secured creditor?

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Consumer opinion summary, case decided on November 30, 2015 , LexisNexis #1215-098

In re Harling

Ruling
Debtor's could exercise right to object to proofs of claims as reserved in confirmed plan.
Issue(s)
Was objection by debtors to proof of claim barred by the confirmation order?

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Consumer opinion summary, case decided on November 24, 2015 , LexisNexis #1215-099

Richardson v. PNC Mortg. (In re Richardson)

Ruling
Debtor's objection to proof of claim was barred by plan confirmation.
Issue(s)
Should debtor's postconfirmation objection to proof of claim be sustained or overruled?

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Consumer opinion summary, case decided on September 18, 2015 , LexisNexis #1015-068

In re Beckman

Ruling
Chapter 13 trustee required to pay all accumulated funds to debtor upon conversion to chapter 7.
Issue(s)
Whether the Harris v. Viegelahn holding applies where the debtor converted her case from chapter 13 to chapter 7 prior to plan confirmation?

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Consumer opinion summary, case decided on September 08, 2015 , LexisNexis #1015-028