IN RE BARKER

No. 14-60028.

839 F.3d 1189 (2016)

IN RE Marcella Lee BARKER, aka Marci Barker, aka Marci Vanni Barker, Debtor, Spokane Law Enforcement Federal Credit Union, Appellant, v. Marcella Lee Barker; Robert Drummond, Chapter 13 Trustee; Ocwen Loan Servicing, LLC, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2016.


Attorney(s) appearing for the Case

Quentin M. Rhoades (argued) and Francesca di Stefano , Sullivan Tabaracci & Rhoades P.C., Missoula, Montana, for Appellant.

Robert Drummond (argued), Great Falls, Montana; Kraig C. Kazda , Kazda Law Firm P.C., Great Falls, Montana; for Appellees.

Before: William A. Fletcher, Ronald M. Gould, and N. Randy Smith, Circuit Judges.


OPINION

If a creditor wishes to participate in the distribution of a debtor's assets under a Chapter 13 plan, it must file a timely proof of claim. The debtor's acknowledgment of debt owed to the creditor in a bankruptcy schedule does not relieve the creditor of this...

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