|Title||Memorandum Opinion in re Dunkes|
Michelle M. Harner
The creditor filed a motion for relief from stay under section 362(d)(1) of the Bankruptcy Code, alleging a lack of adequate protection and defaults under the debtor’s confirmed chapter 13 plan. The debtor opposed the requested relief on the grounds that the confirmed modified chapter 13 plan resolved any adequate protection issues. The matter was further complicated by an interruption in plan payments under the debtor’s original plan and then the filing of a modified plan under the Coronavirus Aid, Relief, and Economic Security Act. The Court reviewed the parties’ arguments and the res judicata effect of confirmed chapter 13 plans. The Court ultimately determined that the confirmed modified plan barred continued litigation concerning, and sufficiently addressed, any preconfirmation adequate protection issues. The Court thus denied the motion for relief from stay without prejudice.