Thomas Joseph Anderson v. the State of Texas

How courts have described this case

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

• holding that lien survives where validity is at issue and no proof of claim is filed
• holding that creditor's liens survived confirmation of a Chapter 13 wage earner plan because the debtors failed to initiate an adversary proceeding as required under Bankruptcy Rule 7001(2) but remaining silent about jurisdiction
• finding that without adversary proceeding to determine hen status, res judicata does not apply to a confirmed plan
• observing that “if an issue must be raised through an adversary proceeding it is not part of the confirmation process and, unless it is actually litigated, confirmation will not have a preclusive effect”
• observing that “if an issue must be raised through an adversary proceeding it is not part of the confirmation process and, unless it is actually litigated, confirmation will not have a preclusive effect” (internal quotation marks and notations omitted)
• stating order of confirmation lacks preclu-sive effect on a matter that must be resolved by an adversary proceeding; matter requiring adversary proceeding is not actually litigated under res judicata.princi-ples by plan confirmation

Source: CourtListener parenthetical corpus (CC0).