§ 121.1     Overview
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 121.1, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

Section 1327 would be a model for translating complex legislative intent into plain statutory language but for the multitude of convoluted judicial opinions concluding otherwise. Many reported decisions do not respect the effects of confirmation of Chapter 13 plans. Some patterns have emerged in these cases.

[2]

When notice of the content of the plan, of the opportunity to object, or of the hearing on confirmation is not sufficient to inform creditors that their rights are at risk, the courts have limited the effects of confirmation.1 When provisions of a confirmed plan are inconsistent with a timely filed proof of claim, some courts have resolved the collision of the confirmation process and the claims allowance process in favor of claims allowance, though many of these decisions may be read more clearly as cases in which there were notice problems during confirmation.2 When the plan values collateral or otherwise defines the rights of a lienholder, some courts cite the procedures for valuing security in Bankruptcy Rule 3012 and the requirement of an adversary proceeding to determine the extent of a lien in Bankruptcy Rule 7001 as limits on the effects of confirmation.3 Some reported decisions narrowly construe the concept of “provided for” in § 1327(b) to avoid the free and clear effects of confirmation under § 1327(c).4 And then there are a few reported decisions outside these patterns that are just inexplicably hostile to the effects of confirmation in Chapter 13 cases.5


 

1  See § 233.1 [ Notice and Due Process Considerations, Including Claims Allowance and Valuation ] § 121.2  Notice and Due Process Considerations, Including Claims Allowance and Valuation.

 

2  See § 233.1 [ Notice and Due Process Considerations, Including Claims Allowance and Valuation ] § 121.2  Notice and Due Process Considerations, Including Claims Allowance and Valuation.

 

3  See § 233.1 [ Notice and Due Process Considerations, Including Claims Allowance and Valuation ] § 121.2  Notice and Due Process Considerations, Including Claims Allowance and Valuation.

 

4  See §§ 234.1 [ Failure to Provide For ] § 121.3  Failure to Provide For and 349.1 [ Claims Not Provided for by the Plan or Disallowed under § 502 ] § 158.5  Claims Not Provided for by the Plan or Disallowed under § 502.

 

5  See § 235.1 [ Other Limitations ] § 121.4  Other Limitations.