Edward A. Givens

N.D. Ohio

Edward A. Givens

CourtUnited States Bankruptcy Court, N.D. Ohio

DecidedDecember 5, 2019

Docket19-41680

StatusUnknown

This text of Edward A. Givens (Edward A. Givens) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Edward A. Givens, (Ohio 2019).

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Opinion

The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically at the time and date indicated, which may be materially different from its entry on the record.

of | 7 xe d Oy ay ‘5 Russ Kendig er United States Bankruptcy Judge Dated: 10:42 AM December 5, 2019

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN RE: ) CHAPTER 13 ) EDWARD A. GIVENS, ) CASE NO. 19-41680 ) Debtor. ) JUDGE RUSS KENDIG ) ) ORDER OVERRULING ) OBJECTION TO CLAIM #5 )

Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt. The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. § 502; In re Diehl, Case No. 18-60608 (Bankr. N.D. Ohio 2018). Debtor may propose not to pay a valid claim through the plan but that does not make the claim less valid, nor subject it to disallowance. The treatment of an allowed claim, how or if it will be paid, is determined by the terms of the plan. In re Dawson, 444 B.R. 688, 690 (Bankr. E.D. Va. 1998). The objection is therefore OVERRULED. It is so ordered.

# # #

Service List:

Maurice E. Graham Graham & Associates Law Offices, LLC 333 S. Main Street Suite 601 Akron, OH 44308-1228

Seven Seventeen Credit Union, Inc. 3181 Larchmont Ave., N.E. Warren, OH 44483

Michael A. Gallo 5048 Belmont Avenue Youngstown, OH 44505

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The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically at the time and date indicated, which may be materially different from its entry on the record.

of | 7 xe d Oy ay ‘5 Russ Kendig er United States Bankruptcy Judge Dated: 10:42 AM December 5, 2019

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN RE: ) CHAPTER 13 ) EDWARD A. GIVENS, ) CASE NO. 19-41680 ) Debtor. ) JUDGE RUSS KENDIG ) ) ORDER OVERRULING ) OBJECTION TO CLAIM #5 )

Debtor objected to proof of claim number five (#5) filed by Seven Seventeen Credit Union. Through the objection, he seeks an order disallowing the claim because his ex-wife is paying the debt. The court declines to sign the order. Debtor has not set forth a legally cognizable foundation for disallowance of a properly filed claim on which Debtor is liable. 11 U.S.C. § 502; In re Diehl, Case No. 18-60608 (Bankr. N.D. Ohio 2018). Debtor may propose not to pay a valid claim through the plan but that does not make the claim less valid, nor subject it to disallowance. The treatment of an allowed claim, how or if it will be paid, is determined by the terms of the plan. In re Dawson, 444 B.R. 688, 690 (Bankr. E.D. Va. 1998). The objection is therefore OVERRULED. It is so ordered.

# # #

Service List:

Maurice E. Graham Graham & Associates Law Offices, LLC 333 S. Main Street Suite 601 Akron, OH 44308-1228

Seven Seventeen Credit Union, Inc. 3181 Larchmont Ave., N.E. Warren, OH 44483

Michael A. Gallo 5048 Belmont Avenue Youngstown, OH 44505

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Edward A. Givens, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-a-givens-ohnb-2019.

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