In Re Wilber (15-40962)

Creditor’s motion for relief from the automatic stay was denied.  Debtor’s right to redeem the vehicle under O.C.G.A. § 44-14-403(b)(1) was property of the bankruptcy estate, and it did not expire at the end of the sixty days provided by 11 U.S.C. § 108(b).  Debtor also was in possession of the vehicle at the time of the petition.  Debtor’s confirmed plan provided for Creditor’s secured claim.  Creditor failed to object to Debtor’s Chapter 13 plan prior to confirmation.  The doctrine of res judicata barred Creditor from objecting to the plan postconfirmation.

Friday, April 29, 2016