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February 24, 2010

Effects of Confirmation

Filed under: Uncategorized — admin @ 10:11 am

In re Lucio, No. 04-81962-G3-13, 2008 WL 5479110 (Bankr. S.D. Tex. Nov. 21, 2008) (Letitia Clark) (Mortgage creditor that participated in confirmation was aware of, and bound by, local Chapter 13 procedures for administration of home mortgages that required creditor to give notice of any payment adjustments to debtor, debtor’s counsel and trustee; failure to give required notice limits reimbursement for forced-placed insurance to same amount as prior year,).

In re Kuhasz, No. 07-20282, 2008 WL 5539788, at *4 (Bankr. D. Kan. Nov. 19, 2008) (Somers) (Debtors are bound by confirmation of plan that pays car lender in full and can’t use claim objection or plan modification to delete negative equity from secured claim. “[P]ost-confirmation change in applicable bankruptcy law is not sufficient to warrant a revocation or modification ofthe terms ofa confirmed and operating Chapter 13 plan.”).

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