General Provisions: The terms and conditions included in this Part 4.1 apply to all remaining subjections of Part 4.
U.S. Bankruptcy Court for the District of Columbia
U.S. Bankruptcy Court for the District of Columbia
If a claim is listed in the Plan as secured and the creditor files a proof of claim alleging the claim is unsecured, the creditor will be treated as unsecured for the purposes of distribution under the Plan. The Trustee may adjust the monthly disbursement amount as needed to pay an allowed secured claim in full. If relief from the automatic stay is ordered to a lienholder as to any item of collateral listed in this Part, then, unless otherwise ordered by the Court, all payments to said lienholder under Part 4 as to that collateral will cease. Unless the Court orders otherwise, the lienholder may amend a timely filed proof of claim to assert a claim for an unsecured deficiency claim remaining after enforcement of its lien as follows: (a) an amended proof of claim asserting an unsecured deficiency claim for a claim for which the collateral was real property shall be filed no later than 180 days after entry of the Local Official Form 104 order granting relief; (b) an amended proof of claim asserting an unsecured deficiency claim for a claim for which the collateral was personal property (that is, anything other than real estate) shall be filed no later than 60 days after entry of the order granting relief.
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