IN RE BATEMAN

No. 02-11221.

331 F.3d 821 (2003)

In re: Carmen BATEMAN, Debtor. Universal American Mortgage Company, Plaintiff-Appellant, v. Carmen Bateman, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 2003.


Attorney(s) appearing for the Case

William P. McCaughan, Miami, FL, for Plaintiff-Appellant.

Lawrence M. Shoot, Law Offices of Lawrence M. Shoot, Paul A. Avron, Berger, Singerman, P.A., Miami, FL, for Defendant-Appellee.

Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.


BIRCH, Circuit Judge:

In this bankruptcy appeal, we decide that a secured creditor cannot collaterally attack a confirmed Chapter 13 plan, even though the plan conflicted with the mandatory provisions of the bankruptcy code, when the secured creditor failed to object to the plan's confirmation or appeal the confirmation order. We also hold that a secured creditor's claim for mortgage arrearage survives the confirmed plan to the extent it is not satisfied in full by...

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