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IN RE SHOOK

BAP No. NV-01-1048-MaPRy. Bankruptcy No. 96-20375 LBR.

278 B.R. 815 (2002)

In re Jon D. SHOOK; Sharon K. Shook, Debtors. Jon D. Shook; Sharon K. Shook, Appellants, v. CBIC; Kathleen A. McDonald, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 22, 2002.

Attorney(s) appearing for the Case

Robert C. LePome, Las Vegas, NV, for Jon and Sharon Shook.

David K. Rosequist, Las Vegas, NV, for Contractors Bonding & Insurance Co.

Before MARLAR, PERRIS and RYAN, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

This appeal is an example of how chapter 131 debtors can lose the ability to challenge a filed claim by failing to object, despite ample opportunities to do so, until years after the trustee has paid the claimant in full.

The creditor filed a secured proof of claim. The chapter 13 plan was silent regarding...

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