In re Harrison (98-54160)
If a creditor perfected its lien on a mobile home within the 90 day period prior to the debtor's petition and more than 20 days after delivery of the mobile home, and if the Chapter 13 trustee does not actually bring an action to litigate avoidance of the perfection of the lien prior to confirmation of the plan, the res judicata effect of Section 1327(a) will protect the creditor's allowed secured claim only if the trustee had opportunity to litigate the avoidance because she actually knew about the untimeliness of the creditor's perfection of its lien, and if the trustee discovers the untimely perfection subsequent to confirmation, she may bring an action to avoid it.
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Date:
Friday, February 4, 2000