Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...
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By Wm. Houston Brown, United States Bankruptcy Judge (Retired)
Disallowance of proof of claim did not extinguish lien. The Chapter 13 trustee had objected to second mortgage holder’s proof of claim because the creditor’s name did not match the documents attached to claim, and with no response, the claim was disallowed. However, the confirmed plan treated the debt as long term with monthly payments. After entry of discharge, the servicer on the mortgage changed, and the former debtors argued that the lien was voided by claim disallowance. The district court . . .
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