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BARBOSA v. SOLOMAN

No. 00-1221.

235 F.3d 31 (2000)

Marcelino BARBOSA; Mariana Barbosa, Appellants, v. Doreen SOLOMAN; Mellon Mortgage Company, Appellees.

United States Court of Appeals, First Circuit.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Anthony L. Gray, with whom Joseph F. Ryan, and Brown, Rudnick, Freed & Gesmer, P.C. were on brief for appellants.

Lynne F. Riley, with whom Doreen B. Soloman, Office of the Chapter 13 Trustee, was on brief for Doreen B. Soloman.

Richard S. Hackel, with whom Samuel D. Shiro was on brief, for appellee Mellon Mortgage Company.

Before TORRUELLA, Chief Judge, SELYA, Circuit Judge, and CASELLAS, District Judge.

CASELLAS, District Judge.

The controversy in this appeal arises out of the not-so-infrequent scenario where, after the confirmation of a bankruptcy plan under Chapter 13, but before the case is closed or converted to Chapter 7, the debtors sell property of the estate which "vested" in them "free and clear of any claim or interest of any creditor" pursuant to the provisions of 11 U.S.C. § 1327(c). Except as otherwise provided in the plan or in the order confirming...

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