In re Givens, 19-41680. (2019)
Court: United States Bankruptcy Court, N.D. Ohio
Number: inbco20191206794
Visitors: 16
Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: ORDER OVERRULING OBJECTION TO CLAIM #5 RUSS KENDIG , Bankruptcy Judge . Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt. The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. 502; In re Diehl , Case No. 18-60608 (Bankr. N.D. O
Summary: ORDER OVERRULING OBJECTION TO CLAIM #5 RUSS KENDIG , Bankruptcy Judge . Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt. The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. 502; In re Diehl , Case No. 18-60608 (Bankr. N.D. Oh..
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ORDER OVERRULING OBJECTION TO CLAIM #5
RUSS KENDIG, Bankruptcy Judge.
Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt.
The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. § 502; In re Diehl, Case No. 18-60608 (Bankr. N.D. Ohio 2018). Debtor may propose not to pay a valid claim through the plan but that does not make the claim less valid, nor subject it to disallowance. The treatment of an allowed claim, how or if it will be paid, is determined by the terms of the plan. In re Dawson, 444 B.R. 688, 690 (Bankr. E.D. Va. 1998). The objection is therefore OVERRULED.
It is so ordered.
Source: Leagle
