Christopher Covert v. LVNV Funding, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that debtors who do not object to proofs of claim during their bankruptcy proceeding are precluded from later litigating the subject matter of those claims
• holding that plaintiffs’ FDCPA claim was precluded because plaintiffs had not objected to the claims in the prior Chapter 13 cases in which the plans were confirmed
• explaining that “claims are part of the same cause of action [, and thus precluded,] when they arise out of the same transaction or series of transaction or the same core of operative facts” (internal quotation marks and citations omitted)
• “allowing these kinds of post-confirmation collateral attacks on a bankruptcy plan’s terms would destroy the finality that bankruptcy confirmation is intended to provide” (internal quotation marks and citation omitted)
• debtor barred by res judicata resulting from plan confirmation from bringing FDCPA and related statutory actions, post-confirmation
• “[Section 1327(a) gives plan confirmation the res judicata effect of a final judgment.”

Source: CourtListener parenthetical corpus (CC0).