Counsel for Debtors: Jeffrey P. Nesson
Counsel for Real Time Resolutions, Inc.: Richard Rogers
Counsel for Chapter 13 Trustee: Susan Scanlon
The debtors filed what is known as a “Chapter 20” case; a chapter 13 case in which they are ineligible for a discharge due to receiving a chapter 7 discharge within the preceding four-year period. During the “Chapter 20” case, the debtors avoided a second, wholly unsecured, lien on their residence. They then filed an objection to the claim of the creditor, Real Time Resolutions, Inc., on the grounds that the in personam rights of the creditor had been discharged in a prior chapter 7 case and, therefore, the creditor was not entitled to treatment as an unsecured creditor in their chapter 13 plan. The Bankruptcy Court, David E. Rice, J., sustained the objection, holding that after avoidance of its fully unsecured lien, the creditor did not hold any in personam or other rights against the debtors that were allowable as an unsecured claim for purposes of distributions under a chapter 13 plan in a “Chapter 20” case.