The Court held that, prior to the date on which collateral is actually surrendered to secured creditor, adequate protection payments made by a debtor to a Chapter 13 trustee under Standing Order #9 and 11 U.S.C. § 1326(a)(1)(C) must be forwarded to the secured creditor because they account for the depreciation of collateral. The Court also held that a proof of claim that is timely filed must be given effect nunc pro tunc from the filing date unless the Bankruptcy Code or Rules provide otherwise, and that surrender of collateral pursuant to a plan does not extinguish a secured claim prior to the surrender of the collateral.
File:
Judge:
Date:
Tuesday, February 5, 2008
Category:
Adequate Protection
Chapter:
13