United States Eleventh Circuit

A secured creditor cannot collaterally attack a confirmed Chapter 13 plan, even though the plan conflicted with mandatory provisions of the bankruptcy code, when the secured creditor failed to object to the plan's confirmation or appeal the confirmation order. A secured creditor's claim for mortgage arrearage survives the confirmed plan to the extent it is not satisfied in full by payments under the plan.

Appellate Information

• Decided 05/23/2003
• Published 05/23/2003

Judges

• BIRCH, Circuit Judge:, Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• William P. McCaughan, Miami, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Lawrence M. Shoot, Law Offices of Lawrence M. Shoot, Paul A. Avron, Berger, Singerman, P.A., Miami, FL, for Defendant-Appellee.