Critical Case Comment

Matteson v. Bank of America (In re Matteson), 535 B.R. 156 (BAP 6th Cir. August 10, 2015) (Preston)

The failure of a mortgage creditor to file a proof of claim in a Chapter 13 case will preclude that creditor from receiving distributions under a confirmed plan but will not result in the reduction of any debt during the pendency of the case nor will it affect the lien rights of the creditor which will survive the bankruptcy.

Case Summary

At the time they filed their Chapter 13 petition, the Mattesons were current on their mortgage . . .

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