Critical Case Comment: In re Munoz

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

In re Munoz, 459 B.R. 621 (Bankr. S.D. Tex., June 21, 2011) (Schmidt)

A creditor that asserted a secured claim in a Chapter 13 case which was subsequently dismissed is estopped from asserting that its claim was an executory contract in a subsequent Chapter 13 case.

Case Summary

The Debtors’ first Chapter 13 plan proposed to treat the claim of MHR as a secured claim. MHR filed a proof of claim as a secured creditor and the plan . . .

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