From the Editor - Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Objection sustained to one-year late proof of claim. The mortgage creditor did not object to confirmation nor file a proof of claim until one year after the bar date in the Chapter 13 case. The trustee objected to the claim, which asserted a higher arrearage than provided for in the confirmed plan. Section 1322(b)(5) permits a plan to provide for the curing of default, and the confirmation became binding. Although the creditor will continue to have a lien after plan completion, the confirmed plan established the . . .

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