Opinion

Shaw v. Aurgroup Financial Credit Union

  • 552 F.3d 447
  • 60 Collier Bankr. Cas. 2d 1705
  • 2009 U.S. App. LEXIS 336
  • 2009 WL 48214
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 9, 2009
Status
Published
Author
Merritt
On the bench
Boggs, Merritt, Griffin
Cited by
36 cases
Authority
More cited than 6.2%

holding that a creditor's failure to timely object to plan confirmation may be construed as acceptance of the plan

How later courts described this case

  • holding that a creditor's failure to timely object to plan confirmation may be construed as acceptance of the plan
  • acknowledging “the general maxim that the Bankruptcy Code and Rules [are to] be construed so that their provisions are harmonious with each other”
  • noting that the provisions in § 1325(a) are “mandatory requirements for confirmation”
  • “[I]f a secured creditor fails to object to confirmation, the creditor will be bound by the confirmed plan’s treatment of its secured claim under § 1325(a) . . . . because the failure to object constitutes acceptance of the plan.”

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge,

concurring in the result.

I have previously set out my views with respect to the “hanging paragraph” and the handling of auto retention cases in Chapter 13 proceedings, and I adhere to the views set out there which lead to the affirmance of the judgment of the Bankruptcy Court in this case. See In re: Long, 519 F.3d 288 (6th Cir.2008).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.