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In re Geraldine D. Evans

22bk06249
On the motion of a postpetition recipient by assignment of delinquent tax claim against property of the above-captioned debtor’s bankruptcy estate, said motion seeking to vacate confirmation of the debtor’s chapter 13 plan alleging that no notice thereof was given to the recipient, held:  Despite an attempt by the recipient to characterize this matter as a constitutional notice one, this matter is more characterized by a creditor’s failure to notify the debtor or the court of a change in ownership of a claim.  Neither the debtor nor the court can reliably ensure the rights of a party who fails to safeguard the same.  The recipient is charged with the notice given to the assignor and, absent acting to either file a notice of transfer of claim or a claim in its own right, has no reasonable expectation that a debtor will know of such transfers and be able to revise notices to accommodate the same.  

For these reasons, the motion is DENIED.

Date: 
Friday, February 2, 2024