O.C.G.A. § 10-1-36; Chapter 13 Plan; Objection to Claim
In re Gibson, 2005 Bankr. LEXIS 2672, Case No. 05-40782 (Bankr. N.D. Ga. November 15, 2005)(Diehl)
Debtor’s Chapter 13 plan provided for the surrender of a vehicle and the payment, within the plan, of the full amount of the deficiency. The creditor sold the vehicle and filed a claim for the deficiency. However, the creditor did not provide the notice required under O.C.G.A. §10-1-36 (notice to pursue deficiency claim).
The court ruled that compliance with state law was required after the creditor was granted relief from the stay. Although the creditor argued that the stay prohibited it from sending the required notice, the court noted that it was the creditor who drafted the order lifting the stay and the creditor did not request a modification. Since the creditor did not comply with state law, and the ten day period in which to send the notice had expired, the objection to the deficiency claim was sustained