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In re Haskins (Case No. 15-60644) 01/27/2017

The debtor filed an objection to an unsecured proof of claim.  Both the debtor and the claimant agreed that the claim was barred by the statute of limitations.  The claimant, however, contested the objection, because the debtor filed her objection to claim after the Court entered an order confirming her chapter 13 plan and the proof of claim had been filed prior to confirmation.  The claimant, therefore, argued that the objection was barred by res judicata.  The Court concluded that the debtor’s objection to the unsecured claim was not barred by res judicata when she filed the objection after confirmation of her chapter 13 plan yet the claimant had filed its unsecured proof of claim before plan confirmation.

Friday, January 27, 2017
Chapter 13 Issues
Claim Objections
Confirmation of Plan
Proofs of Claim
Res Judicata