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§ 1328(a)(1)

Brown, In re

Sep
15
2021
Ruling
Post-petition fees did not become a part of the debtor's confirmed plan by subsequentmodification and their nonpayment would not prevent the entry of discharge. (Bankr. D.S.C.)
Issue(s)
Discharge; Full-Compliance Discharge; Allowed Claims Payable After Final Plan

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 15, 2021 , LexisNexis #1221-022
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Martin, In re

May
05
2017
Ruling
Bank was free to enforce its unsecured claim as it was not included in the discharge order. (Bankr. N.D. Miss.)
Issue(s)
Discharge; Full-Compliance Discharge; Allowed Claims Payable After Final Plan Payment Excepted.

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Consumer opinion summary, case decided on May 05, 2017 , LexisNexis #0617-051
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Eddins v. GMC Mortg. Co. (In re Eddins)

Oct
20
2008
Ruling
Creditors may not seek to collect fees and charges not disclosed prior to discharge.
Procedural posture

Plaintiffs, debtors, sued defendant creditor alleging that the creditor wrongfully assessed and collected charges and fees from them that were not owed or approved by the bankruptcy court. In addition, they asserted that the creditor wrongfully failed to credit their payments to the loan's principal. The creditor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).

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Consumer opinion summary, case decided on October 20, 2008 , LexisNexis #1208-140
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In re Ayres-Haley

Jan
16
2008
Ruling
Creditor's amended claim filed five months after bar date, and two months after plan completion and discharge, disallowed as untimely.
Procedural posture

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The court approved the debtor's plan and the chapter 13 trustee paid the debtor's creditors. Two months after the trustee filed his report of completion of plan payments, a creditor filed a proof of claim, asserting an unsecured deficiency claim in the amount of $11,579. The trustee filed an objection to the creditor's claim.

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Consumer opinion summary, case decided on January 16, 2008 , LexisNexis #0208-127
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