IN RE SUMMERVILLE

BAP No. CC-06-1109-BKMo, Bankruptcy No. SV-02-20061-KT.

361 B.R. 133 (2007)

In re Suzanne SUMMERVILLE, Debtor. Maria Pilar Alonso, Appellant, v. Suzanne Summerville; Elizabeth F. Rojas, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 7, 2007.


Attorney(s) appearing for the Case

Robert J. Frank, Esq., Encino, CA, for Appellant.

Kevin T. Simon, Esq., Elizabeth F. Rojas, Sherman Oaks, CA, for Appellees.

Before BRANDT, KLEIN and MONTALI, Bankruptcy Judges.


Argued and Submitted on November 15, 2006 at Orange, California.

OPINION

BRANDT, Bankruptcy Judge.

This appeal from an amended stay relief order presents the question of the effect of a confirmed Chapter 131 plan on a claim to be paid outside of the plan. Applying preclusion analysis, we conclude that the chapter 13 plan and confirmation order did not bar the debtor from contesting an obligation based on a debt being...

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