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Opinion 390

Case Name: 

In re Briggs

Judge: 
Judge Boulden
Date: 
Jun-28-1996
Case Number(s): 
95B-23778
Status: 

UNPUBLISHED

Body: 

The narrow issue resolved by the court was whether the debtors' chapter 13 plan, which listed unsecured creditors by name and the amounts owed to them, could be considered proofs of claim on the creditors' behalf and, if so, whether the listed claims are allowed unsecured claims that could be eliminated by an amendment to the debtors' plan. The court ruled that, because a chapter 13 plan cannot constitute either a formal debtor-filed proof of claim under Fed. R. Bankr. P. 3004 or an informal proof of claim under Clark v. Valley Fed. Sav. & Loan Assoc. (In re Reliance Equities, Inc.), 966 F.2d 1338 (10th Cir. 1992), unsecured creditors cannot rely on a debtor's chapter 13 plan to ensure payment of their claims, absent a timely filed proof of claim. Because this result is at odds with the prevailing practice in this jurisdiction, the court's ruling will be prospectively applied only to chapter 13 cases filed on or after July 1, 1996. The ruling does not affect any case-specific rulings in cases that were filed before that date.

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Opinion 390
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