Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

A confirmed Chapter 13 plan can substitute for a filed proof of claim and can bind the trustee to making distributions in accordance with that plan when the order recognizes a claim as “allowed.”

Diruzzo v. Boyajian, 527 B.R. 800 (1st Cir. BAP, March 31, 2015) (Cary)

Case Summary

In August of 2008, the Diruzzos filed a Chapter 13 petition listing Pawtucket Credit Union as a general unsecured creditor in the amount of $75,641. They listed the . . .

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