Thus, we also deny Debtor's motion to dismiss because Debtor has failed to prove his case on the merits. Moreover, we have already ruled against Debtor on this issue. Debtor moves to disallow the Creditor's claim based on the pleadings and evidence of record. That is the functional equivalent of a motion for summary judgment under Fed. As Debtor acknowledges, FN3.
Creditor is the moving party.
We made specific rulings on the issue of summary judgment at the conclusion of the two-day hearing on Creditor's motion to dismiss Debtor's Chapter 13 case. We have no reason to rule differently now than we did then. In any event, confirmation of Debtor's Plan mooted the issue. Accordingly, we will not allow Debtor to breach his undertaking by disallowing Creditor's claim. As stated above, we disallow Debtor's objection because Creditor has not had an opportunity for a hearing, Debtor has failed to prove his case, we have already ruled against Debtor on the same evidence, and the issue of the validity vel non of Creditor's claim was mooted by confirmation of Debtor's Chapter 13 Plan.