General Motors Acceptance Corp. v. Butler (In re Butler)
Docket: Bankruptcy No. 99-04623-B; Adversary No. 00-80170-B
Court: United States Bankruptcy Court, D. South Carolina; March 1, 2001; Us Bankruptcy; United States Bankruptcy Court
The court ruled that the debtors' confirmed Chapter 13 plan is res judicata concerning General Motors Acceptance Corporation (GMAC). Consequently, the court found it unnecessary to address GMAC's claims regarding the lease versus sale of the vehicle or other issues raised in its complaint. The debtors' request for attorney’s fees was denied since it was not pursued during the trial. Key findings include: 1. The debtors filed for Chapter 13 bankruptcy on May 28, 1999, listing GMAC as a secured creditor in their plan, which valued GMAC's claim at $17,750. 2. GMAC was timely served with the plan but did not object to its treatment, as required. 3. The plan was confirmed on August 5, 1999, and the debtors have complied with all payment obligations under the plan. 4. GMAC filed an adversary proceeding on September 8, 2000, more than a year after confirmation, contesting its treatment as a secured creditor and claiming ownership of the vehicle based on a lease agreement. The court concluded that GMAC is bound by the confirmed plan due to its failure to timely object, referencing a similar case that upheld this principle. The court affirmed that the confirmed Chapter 13 plan's treatment of GMAC's claim is final, and thus, GMAC cannot challenge it now. The vehicle in question is a 1998 Chevrolet truck, which was leased from Love Chevrolet Company and assigned to GMAC, with payments made by the debtors prior to their bankruptcy filing. The request for attorney's fees was denied due to lack of pursuit in court.