In Re Franklin, 448 B.R. 744

Debtor filed Chapter 13 on Nov 13, 2009; plan filed Dec 9, 2009 and confirmed without objections.
Saxon Mortgage Services transferred servicing to Ocwen on Nov 16, 2009, before plan confirmation.
Notice of commencement set a confirmation hearing for Feb 3, 2010; Rule 3015-2 deadline was Jan 19, 2010.
Debtor's plan fixed Saxon's secured claim at $74,279 and provided $6,500 over 34 months to satisfy pre-bankruptcy arrearages.
Ocwen filed its proof of claim Aug 20, 2010, but moved for relief from the claims bar date only after filing on Sept 24, 2010; Ocwen admitted timely notice was received.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ocwen may be relieved from the claim bar date.	Ocwen.	Ocwen argues for relief under 11 U.S.C. § 105/502(j) or other equitable grounds.	No relief from the bar date; untimely claim denied.
Whether an untimely claim can be deemed allowed given no objections.	Ocwen claims deemed allowed due to no objections.	Timeliness required for deemed allowance; not timely here.	Untimely claim cannot be deemed allowed under § 502.
Whether Espinosa changes the effect of a confirmed plan on a creditor with a timely notice but an untimely claim.	Ocwen would be bound by plan despite untimely claim.	Espinosa finality applies; plan binds creditors with notice.	Espinosa controls; plan binding prevents modification to satisfy untimely claim.

In re Simmons, 765 F.2d 547 (5th Cir.1985) (timely filed secured claim must be considered for allowance)
United Student Aid Funds, Inc. v. Espinosa, 130 S. Ct. 1367 (2010) (finality of confirmation despite improper discharge provisions; due process satisfied with notice)
In re Howard, 972 F.2d 639 (5th Cir.1992) (pre-Espinosa rule; secured claims not bound by confirmation absent creditor objections)
In re Kleibrink, 621 F.3d 370 (5th Cir.2010) (notice issues in confirming plans; not controlling where Espinosa applies)