Critical Case Comment

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

Covert v. LVNV Funding LLC, 2015 WL 877133 (4th Cir. March 3, 2015): Confirmation of a Chapter 13 plan constitutes a final order with res judicata effect, precluding litigation related to claims filed prior to confirmation.

Case Summary

In these consolidated cases, a number of debtors had filed Chapter 13 petitions in 2008. Each of their Chapter 13 plans had been confirmed and each had a number of claims filed by LVNV Funding, LLC (and others).

In March of 2013 . . .

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