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  • Does a Secured Creditor’s failure to file an objection constitute an acceptance of a Chapter 13 plan?
Bankruptcy & Student Loan Relief

Does a Secured Creditor’s failure to file an objection constitute an acceptance of a Chapter 13 plan?

February 22, 2019March 30, 2023 Mike Shovan

Yes. In a recent South Carolina bankruptcy decision, the court held that a secured creditor’s failure to object to its treatment in a Chapter 13 plan constitutes acceptance of the plan under Code § 1325(a)(5)(A).

In re Stephens, Case No. 3:18-bk-1736 (Bankr. D. S.C., Oct. 16, 2018)

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