In re Renz, No. 11-73471-ast, 2012 WL 3200874, at *3–*5 (Bankr. E.D.N.Y. Aug. 1, 2012) (Trust)

Neither Bankruptcy Rule 3004 nor Rule 3006 permits Chapter 13 debtor to withdraw proof of claim filed on behalf of wholly unsecured junior mortgage creditor when that proof of claim formed basis for adversary proceeding that voided lien. Debtors were ineligible for discharge under § 1328(f). Before the bar date for nongovernmental claims, debtors filed proof of claim on behalf of wholly unsecured junior mortgage holder. Debtors then filed an adversary proceeding in which they succeeded at declaring the junior mortgage wholly unsecured. The judgment also recited that the junior lienholder’s claim was a wholly unsecured claim and that the lien would be declared null and void upon completion of the Chapter 13 plan. Counsel then filed a letter purporting to withdraw the claim the debtors filed on behalf of the junior lienholder. Counsel also filed a plan that provided 100% distribution only to unsecured creditors who timely filed proofs of claim—not including the avoided junior lienholder. “[E]ven if the Chase Claim had been properly filed under Rule 3004, Rule 3006 provides the only express mechanism for withdrawal of such a claim . . . . Rule 3006 does not specifically reference debtor- or trustee-filed claims . . . . [W]hile Rules 3004 and 3006 would appear to permit Chase to withdraw the claim filed by Debtors on its behalf without court approval before an objection or adversary proceeding is filed, the plain language of Bankruptcy Rules 3004 and 3006 does not explicitly permit Debtors to withdraw the Chase Claim, particularly in light of the fact that a complaint was filed by Debtors against Chase in the Adversary relating to the Chase Claim. . . . Debtors clearly filed the Chase Claim so that they could initiate the Adversary for the express purpose of avoiding the Chase Mortgage and reclassifying the Chase Claim as unsecured. Now that the Judgment has been entered declaring the Chase Mortgage to be wholly unsecured, Debtors are seeking to withdraw the very claim that formed the basis for such a declaration . . . . [E]ven if the Chase Claim was properly filed under Rule 3004, this Court finds no cognizable basis for Debtors to withdraw the Chase Claim.”

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