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In re Burnett (Case No. 11-71622) 11/18/2011

Debtor filed an objection to a creditor's proof of claim that was filed as unsecured claim even though it was filed with proof of perfection of a deed of trust securing the obligation. As treatment of creditor's claim as unsecured would frustrate the debtor's ability to confirm a plan which proposes to pay his unsecured creditors in full, the Court disallowed the proof of claim and ordered the creditor to file an amended claim as a secured creditor or be bound by amount of arrearage set forth in debtor's plan.

Date: 
Friday, November 18, 2011
Category: 
Proofs of Claim
Unsecured Claim
Chapter: 
13