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IN RE BRAWDERS

BAP No. CC-04-1165-MoPK, Bankruptcy No. SV-00-15661-KL, Adversary No. SV-00-01370-KL.

325 B.R. 405 (2005)

In re Robert BRAWDERS and Cheryl Brawders, Debtors. County of Ventura Tax Collector, Appellant, v. Robert Brawders; Cheryl Brawders, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 10, 2005.

Attorney(s) appearing for the Case

Donald O. Hurley, Esq., Assistant County Counsel, County of Ventura, Ventura, CA, for Appellant.

Michael D. Kwasigroch, Esq., Law Offices of Michael D. Kwasigroch, Simi Valley, CA, for Appellee.

Before MONTALI, PERRIS and KLEIN, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

In rare circumstances, the res judicata effect of a confirmed Chapter 13 plan can effectively avoid a creditor's lien or modify its in rem rights even if there is no valid legal basis for doing so, provided that the plan does so explicitly and due process considerations are met.1

Although the Chapter 13 plan in this case has language that clearly affects some secured creditors...

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