Robert Adams & Associates, 901 W Jackson Suite 202 Chicago, IL 60607 (312) 346-0100 P.1

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

In re:Dylan Reeves ) IN A CHAPTER 13 PROCEEDING

Debtor(s) )

Dylan Reeves )

Plaintiff(s) )

vs. ) Adversary No. 16-00523

Kondaur Capital Corp. )

Defendant ) Judge Janet S. Baer

) Re: Bankr. Case No. 13-21976

PLAINTIFF'S MEMORANDUM IN SUPPORT

OF MOTION FOR SUMMARY JUDGMENT

Dylan Reeves, the Debtor and Plaintiff, is the owner of property at 9808 S. Normal, in Chicago,

Illinois. Defendant is a purported mortgage holder against the Normal property, but the confirmed

plan provides that Kondaur's mortgage will be treated as an unsecured claim. Because the plan binds

all creditors to its terms, Kondaur does not have a defense to the lien avoidance sought by the

adversary proceeding. Kondaur's predecessor, Urban Partnership Bank, was in the midst of a foreclosure when the

underlying bankruptcy case was filed. (Exhibit 5.) The plan was served on both Shorebank and

Urban Partnership at the business address listed on the relevant mortgages as well as on the attorney

handling the foreclosure. (Exhibit 2.) No objection to confirmation was filed. (Exhibit 1.) If Kondaur

did not wish to be bound to the plan's terms, it was obligated to object. In re: Harvey, 213 F.3d 318

(7th Cir. 2000). Summary judgment is appropriate when no material fact remains to be resolved. The Plan

provides that the Urban Partnership claim will be treated as unsecured and the lien will be avoided.

(Exhibit 2.) Kondaur is bound to these terms. In re: Echevarria, 212 B.R. 185 (B.A.P. 1st Cir. 1997). The binding effect of confirmation is strong enough that a creditor may be held to a plan's terms even

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Robert Adams & Associates, 901 W Jackson Suite 202 Chicago, IL 60607 (312) 346-0100 P.2

if the provision in the plan is not completely appropriate. In re: Bateman, 331 F.3d 821 (11th Cir. 2003).The Plan states in 2 different places that the lien of Kondaur's predecessor will be avoided. First, Paragraph G informs Urban Partnership Bank that it "shall not be paid on any secured proof of

claim; lien to be avoided and treated as unsecured." (Exhibit 2.) Additionally, Urban Partnership is

listed in Paragraph E(3.2) of the plan which was devised by the court as a separate class specifically

to inform creditors that their liens were in jeopardy. These provisions are sufficiently specific to

place Kondaur's predecessor on notice that the debtor sought to avoid the lien. In re: King, 290 B.R. 641 (Bankr. D.C. Ill. 2003). As this Court pointed out a few months ago in the bankruptcy case, Kondaur waited until May

of 2016 to bring a motion to modify the automatic stay. This is not a case of a creditor raising an

objection shortly after confirmation and alleging some problem with mounting its defense in time. The motion to modify the stay is a collateral attack on the terms of the plan. That type of attack is

prohibited. In re: Chappell, 984 F.2d 775, 782 (7th Cir. 1993). Similarly, no reason remains why a

judgment should not be entered against Kondaur now. WHEREFORE Dylan Reeves, the Plaintiff herein, prays that this Honorable Court enter a

Judgment against Defendant, Kondaur Capital Corp., avoiding the mortgage lien claimed against

The Reeves Property at 9808 S. Normal in Chicago, Illinois. Respectfully submitted,

/s/ Robert J. Adams & Assoc. ONE OF THE ATTORNEYS FOR

Dylan Reeves

Robert J. Adams & Associates

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