context: An allowed claim entitles the claimant to receive payments under a confirmed Chapter 13 plan but has no bearing on the validity of a mortgagee's lien. Indeed, a secured creditor who is not seeking a distribution "is not required to file a proof of claim and may choose to ignore the bankruptcy proceeding and look to its lien for satisfaction of the debt."
citation_a.signal: see also
citation_a.identifier: 2012 WL 3839238, at *6
citation_a.parenthetical: "[OJnly an unsecured creditor is required to file a proof of claim for the claim to be allowed."
citation_a.sentence: In re Dumain, 492 B.R. 140, 143 (Bankr.S.D.N.Y.2013) (quoting In re Hogan, 346 B.R. 715, 719 n. 7 (Bankr. N.D.Tex.2006)) (internal quotation marks and alteration omitted); see Dewsnup v. Timm, 502 U.S. 410, 417, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992) (liens “pass through bankruptcy unaffected”); In re Cromer, 185 B.R. 1, 3 (Bankr.N.D.N.Y. 1994) (“[T]he failure of a secured creditor to file a proof of claim ... leaves unaffected the lien of that secured creditor.”); see also Christo v. Wells Fargo Bank (In re Christo), No. 12-30083, 2012 WL 3839238, at *6 (Bankr.N.D.Ohio Sept. 4, 2012) (“[OJnly an unsecured creditor is required to file a proof of claim for the claim to be allowed.”). “This lack of connection between avoiding a creditor’s lien and the filing of a proof of claim is part of the structure of the Bankruptcy Code and Rules.”
citation_b.signal: see
citation_b.identifier: 185 B.R. 1, 3
citation_b.parenthetical: "[T]he failure of a secured creditor to file a proof of claim ... leaves unaffected the lien of that secured creditor."
citation_b.sentence: In re Dumain, 492 B.R. 140, 143 (Bankr.S.D.N.Y.2013) (quoting In re Hogan, 346 B.R. 715, 719 n. 7 (Bankr. N.D.Tex.2006)) (internal quotation marks and alteration omitted); see Dewsnup v. Timm, 502 U.S. 410, 417, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992) (liens “pass through bankruptcy unaffected”); In re Cromer, 185 B.R. 1, 3 (Bankr.N.D.N.Y. 1994) (“[T]he failure of a secured creditor to file a proof of claim ... leaves unaffected the lien of that secured creditor.”); see also Christo v. Wells Fargo Bank (In re Christo), No. 12-30083, 2012 WL 3839238, at *6 (Bankr.N.D.Ohio Sept. 4, 2012) (“[OJnly an unsecured creditor is required to file a proof of claim for the claim to be allowed.”). “This lack of connection between avoiding a creditor’s lien and the filing of a proof of claim is part of the structure of the Bankruptcy Code and Rules.”