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MATTER OF HOWARD

No. 91-3595.

972 F.2d 639 (1992)

In the Matter of Walter HOWARD and Verlean Howard, Debtors. SUN FINANCE COMPANY, INC., Appellant, v. Walter HOWARD and Verlean Howard, Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 1992.

Attorney(s) appearing for the Case

Stephen G. Sklamba, Metairie, La., for Sun Finance Co., Inc.

Mark Samuel Goldstein, Howard, Laudumiey & Mann, New Orleans, La., for appellees.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges and HUNTER, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We deal in this case with the effect of a confirmed reorganization plan under Chapter 13 of the Bankruptcy Code on a secured creditor who fails to object to the plan before confirmation. We conclude that a Chapter 13 plan which purports to reduce or eliminate a creditor's secured claim is res judicata as to that creditor only if the debtor has filed an objection to the creditor's claim. If no objection is filed to a secured...

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