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In re Cleasby, Case No. 90-03191-11 (07/22/1991) -- Judge Thomas S. Utschig

Case Sumamry:
Chapter 11 debtor can properly schedule a previously discharged debt and include it in her reorganization plan.  Citing Johnson v. Home State Bank, 111 S. Ct. 2150 (1991). Effect of § 1111(b) election by the creditor is to secure its claim to the full extent to which it is allowed, notwithstanding the value of the collateral as determined under §506(a).  Fact that debtor's personal liability had been previously discharged in a prior chapter 7 proceeding does not change this result.

Statute/Rule References:
11 U.S.C. § 1111(b) -- Claims and Interests

Key Words:
Discharge


Date: 
Monday, July 22, 1991