United States Second Circuit

In a creditor's appeal from a bankruptcy court's order expunging creditor's unsecured claim in a Chapter 13 proceeding and overruling creditor's objection to the confirmation of the plan, the order is vacated where both state law and the contract of the parties gave creditor the right to an unsecured deficiency judgment.

Appellate Information

• Argued 11/09/2009
• Decided 05/18/2010
• Published 05/18/2010

Judges

• LIVINGSTON, Circuit Judge:, Before LEVAL, PARKER, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Martin A. Mooney (Mark D. Glastetter, on the brief), Deily, Mooney & Glastetter, LLP, Albany, NY, for Petitioner-Appellant.


• For Appellees:
  
• Andrea B. Malin, Genova & Malin, Wappingers Falls, NY, for Respondents-Appellees.