· 10/12/1989
In Re Fred J. Szostek, Denise M. Szostek
Citations
- 886 F.2d 1405
- 105 B.R. 1405
- 21 Collier Bankr. Cas. 2d 889
- 1989 U.S. App. LEXIS 15560
- 19 Bankr. Ct. Dec. (CRR) 1520
- 1989 WL 119194
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that, as a general rule, the absence of an objection indicates acceptance of a plan’s terms
- finding that the creditor’s failure to object to the plan constitutes acceptance of its treatment under that plan
- stating that “after the plan is confirmed the policy favoring the finality of confirmation is stronger than the bankruptcy court's and the trustee's obligations to verify a plan's compliance with the Code”
- declining to reverse confirmation of chapter 13 plan when appellant failed to object to confirmation order
- stating that creditors must take an active role in protecting their rights
- distinguishing a case in which the creditor was not aware of the clause in the plan which limited its rights because it had not been included in the notice
Source: CourtListener parenthetical corpus (CC0).
Judges: Mansmann, Nygaard, Aldisert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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