Title Carlista Davis
Entered
Case Number
08-16117
Summary

Upon the trustee’s objection to confirmation of a chapter 13 plan which, with respect to three secured judgment creditors, did not provide value, as of the effective date of the plan equal to the allowed amount of claims, the court determined that (1) that the chapter 13 trustee has standing to be heard as to all issues relevant to confirmation of a chapter 13 plan; (2) under the specific facts of this case, due process was satisfied and the absence of an objection to confirmation by any of the judgment creditors would constitute acceptance of the terms of the plan so as to satisfy Section 1325(a)(5).

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