Res Judicata Effect of Confirmed Chapter 13 Plan Is Limited.
Edwards v. Broadwater Casitas Care Center, Case No. B247596 (2d Dist., Div. 5 Dec. 5, 2013) (published) decided that a plaintiff could appeal a trial court’s adverse fees and costs order of $158,471.25 and $19,836, respectively, despite the confirmation of a chapter 13 debt adjustment plan while the appeal was pending. Dismissal of the appeal was denied because the res judicata effect of a confirmed chapter 13 plan is limited, especially where–as in this case–the precise amount of each creditor’s claim had not been adjudicated and a state court action remained unresolved at the time bankruptcy proceedings commenced. “But nothing in federal bankruptcy law prevents [appellant] from, outside the bankruptcy proceeding, challenging the trial court’s authority to impose the obligation on her in the first instance.” (Slip Opn., p. 10.)