United States Second Circuit

Reversal of bankruptcy court decision and finding that a confirmed Chapter 13 bankruptcy plan is res judicata preventing a debtor from avoiding a mortgage on his property where the mortgage lien, which had been recorded in the land records, was identified in the Chapter 13 plan, is affirmed where the Trustee had both a motive and opportunity to confirm the status of real estate liens affecting the debtor's estate at or before the time that the plan was confirmed.

Appellate Information

• Decided 08/15/2006
• Published 08/15/2006

Judges

• PETER W. HALL, Circuit Judge., Before KEARSE, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrea E. Celli, Law Office of Andrea E. Celli, Albany, N.Y., for Trustee-Appellant.


• For Appellees:
  
• Kevin M. Newman, Menter, Rudin & Trivelpiece, P.C. (Josephine Yang-Patyi, on the brief), Syracuse, N.Y., for Appellee.