Skip to main content

In re Weise

In re Weise

Ruling
Senior lienholder's failure to file timely proof of claim did not result in avoidance.
Procedural posture

In debtor's Chapter 13 case, issues arose under 11 U.S.C.S. § 506 and Fed. R. Bankr. P. 3002 as to which of two judgment creditors had priority in the equity in certain assets above debtor's exemption. Though the judgment on which the senior lienholder relied (Lien 1) had been granted prior to that of the junior lienholder (Lien 2), a timely proof of claim (POC) was filed as to Lien 2 while the Lien 1 POC was not filed until after the bar date.

ABI Membership is required to access the full summary of In re Weise Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 08, 2011 , LexisNexis #1011-011