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March 6, 2010

Chapter 13 Bankruptcy Cases

Filed under: Uncategorized — admin @ 10:05 am

Wachovia Dealer Servs. v. Jones (In re Jones), 530 F.3d 1284, 1290-91 (10th Cir. 2008) (Henry, Tacha, Lucero) (The conditions for confirmation in § 1325(a) are mandatory, but a secured creditor’s silence can be acceptance of an otherwise unconfirmable plan. “[T]he conditions set forth in § 1325(a) are requirements the
debtor must satisfy to qualify a Chapter 13 plan for confirmation. . .. [H]owever, if a secured creditor fails to object to confirmation, the creditor will be bound by the confirmed plan’s treatment of its secured claim under § 1325(a)(5). In re Talbot, 124 F.3d 1201, 1209 n.10 (10th Cir. 2007). This is because the failure to object constitutes acceptance of the plan. See In re Ruti-Sweetwater, Inc., 836 F.2d 1263, 1266-67 (10th Cir. 1988) . . . . And a creditor’s acceptance of a Chapter 13 plan is one way to satisfy the requirements of § 1325(a)(5) with respect to that creditor’s allowed secured claim.”).

See Also:  bankruptcy lawyers Boston

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