Home / Uncategorized / Can a Claim may be “provided for” in a Chapter 13 plan be Discharged even where no proof of claim is filed?

Can a Claim may be “provided for” in a Chapter 13 plan be Discharged even where no proof of claim is filed?

Yes, according to a recent decision from the ND of Illinios, the Court reld on the 10th Ciruict holding in In re Dixon, 218 B.R. 150 (10th Cir. B.A.P. 1998).

The Illinois Bankruptcy Court held that a claim that is treated in the debtor’s plan will be “provided for” in the plan and discharged under Code § 1328(a) even where, due to the creditor’s failure to file a proof of claim, the Chapter 13 trustee does not make any payments on the claim.