In re McCants (19-40913)

Debtor Antonio McCants objected to Proof of Claim No. 14 filed by Creditor Georgia Community Bank F/K/A the Citizens State Bank of Taylor County. The Creditor included $15,461.85 of fees and expenses from the prior case. The Debtor argued that, for these fees and expenses, the Creditor failed to file notice pursuant to Rule 3002.1(c) in his previously dismissed bankruptcy case, the Creditor failed to file notice pursuant to Rule 3002.1 in this case, and § 1327(a) binds the Creditor to the specific provisions of the plan. The Court held that the Creditor’s claim survived the dismissal of Debtor’s previous case regardless of whether the Creditor filed notice, Rule 3002.1 does not apply to the Creditor in this case because the property no longer served as the Debtor’s primary residence, and the plan’s provisions allow for the collection of the fees and expenses. Therefore, the Court denied the Debtor’s objection.

Thursday, February 11, 2021