- 11 U.S.C.
In re Stewart
Oct
21
2010
Ruling
Creditor who failed to file proof of claim and object to treatment under plan not entitled to stay pending appeal.
Procedural posture
Movant, a secured creditor mortgagee, filed a motion for a stay pending appeal of a court order disallowing the creditor's claim to the extent it exceeded $715.91, and ordering it to reimburse the chapter 13 trustee $2,316.91 in overpayments, and credit the debtor's account $1,949.61. The creditor asserted that the debtor's plan failed to properly provide for the full payment of its secured debt.
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Court
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