A provision in a confirmed Chapter 13 plan treating a Dallas mortgage foreclosure assignee’s lien as invalid could not be deemed to be final and controlling when the debtor failed to pursue the invalidity of the lien through the adversary proceeding required by rule, which established the level of process to which the assignee was entitled, under due process principles, before being deprived of its property interest in the lien. Any actual knowledge that the assignee had regarding the plan’s treatment of its lien did not eliminate its due process right to the service of a complaint and summons. A dissenting opinion took the view that due process was satisfied with respect to the invalidation of the assignee’s lien notwithstanding the debtor’s rule violation.
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