GERALD D. FINES, Chief United States Bankruptcy Judge
This matter having come before the Court on an Objection to Claim filed by the Debtor, Autumn Diane Schanlaber, on January 8, 2002; the Court, having heard arguments of counsel and having reviewed the written memoranda of law filed by the parties, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.
Findings of Fact
The material facts in this matter are not in dispute and are, in pertinent part, as follows:
1. On April 9, 2001, Debtor filed for relief under Chapter 13 of the Bankruptcy Code.
2. Debtor's Chapter 13 Plan of reorganization proposed treatment of Creditor, Triad Financial Corp., as follows:
Trial Financial, which holds a claim secured by debtor's 1999 Olds Cutlass with a fair market value of $11,925.00, shall be paid 100% of allowed secured claim with 9% interest by means of 48 monthly payments in the amount of $296.75. Payment on the secured claim will be made by the Trustee. Any deficiency shall be paid as an unsecured claim.
3. No objections were filed to the Debtor's Chapter 13 Plan of reorganization, and the Chapter 13 Plan was confirmed by order of this Court entered on July 20, 2001.
4. On May 14, 2001, Creditor, Triad Financial Corp., filed a claim in the amount of $15,588.57, as secured.
5. On December 7, 2001, Debtor filed an Objection to Claim indicating that the secured claim filed by Triad Financial Corp., in the amount of $15,588.57, exceeded the fair market value of the collateral which had been stated in Debtor's Chapter 13 Plan confirmed by the Court in the amount of $11,925.
6. On January 2, 2002, in response to the Debtor's Objection to Claim, Creditor, Triad Financial Corp., filed a Response to Motion to Disallow Secured Claim, together with a Motion to Dismiss or for Order Granting Relief from the Automatic Stay. At hearing, on January 22, 2002, on the Debtor's Objection to Claim and Response thereto filed by Triad Financial Corp. and upon the Motion to Dismiss or for Order Granting Relief from the Automatic Stay filed by Triad Financial Corp., Debtor withdrew the Objection to Claim, thus mooting Triad Financial Corp.'s Response thereto. The Motion to Dismiss or for Order Granting Relief from the Automatic Stay filed by Triad Financial Corp. was continued for further hearing to March 19, 2002.
7. On March 19, 2002, the hearing which had been scheduled on the Motion by Creditor, Triad Financial Corp., to dismiss the case or for relief from the automatic stay was reset to May 21, 2002, with a further order that, if payments were not brought current by that date, the Motion for relief from automatic stay would be allowed.
8. On March 29, 2002, Debtor filed a Motion for Modification of Chapter 13 Plan in which Debtor sought to modify her Plan as follows:
Triad, which holds a claim secured by Debtor's 1999 Oldsmobile Cutlass shall receive a surrender of the collateral. After sale of the collateral any deficiency shall be paid as an unsecured claim.
9. On April 1, 2002, the Court caused a notice to be sent to all creditors, including Triad Financial Corp., that the Debtor has filed an amended Chapter 13 plan, and that objections were to be filed as to that Plan by on or before April 16, 2002, with said notice further stating that: "Pursuant to 11 U.S.C. § 1329, the modification will become part of the plan unless an objection is filed and the Court, after hearing, disapproves the modification."
10. No objections to the Debtor's Motion for Modification of Chapter 13 Plan were received, and, on April 18, 2002, the Court entered an Order granting the Debtor's Motion for Modification of Chapter 13 Plan and ordering that:
Triad, which holds a claim secured by Debtor's 1999 Oldsmobile Cutlass shall receive a surrender of the collateral. After sale of the collateral any deficiency shall be paid as an unsecured claim.
11. On May 21, 2002, Triad Financial Corp.'s Motion for Order Granting Relief from the Automatic Stay was allowed given the prior modification of Debtor's Chapter 13 Plan, and the Motion to Dismiss was denied.
12. On October 15, 2002, subsequent to the sale of its collateral, Triad Financial Corp. filed a claim for a deficiency after sale in the amount of $6,225, which Triad Financial Corp. sought to be paid in full as a secured claim.
13. On January 8, 2003, Debtor filed an Objection to Claim #7, objecting to the claim's treatment as a secured claim, stating that the claim should rather be treated as an unsecured claim to be paid together with Debtor's other unsecured creditors.
14. On January 22, 2003, the Court held a hearing, at which time the parties were given the opportunity to submit briefs concerning the treatment of Triad Financial Corp.'s claim filed as claim #7.
15. On January 29, 2003, Debtor submitted a Debtor's Memorandum of Law in Support of the Objection to Claim #7, and, on January 30, 2003, Creditor, Triad Financial Corp., filed a Memorandum in Opposition to Motion to Disallow Secured Claim.
Conclusions of Law
Having reviewed the written memoranda filed by the parties and the undisputed facts in this matter, the Court concludes that Debtor's Objection to Claim #7 should be sustained and that the claim of Triad Financial Corp., in the amount of $6,225, should be paid as an unsecured claim, together with Debtor's other unsecured creditors. The Court finds that the reliance of Creditor, Triad Financial Corp., on the case of In re Smith, 259 B.R. 323 (Bankr. S.D. Ill. (2001), is misplaced. The facts of the present case are clearly distinguishable from the facts in the Smith case in that, in the instant case, Debtor has a confirmed modified plan which proposes that the Creditor, Triad Financial Corp., shall receive a surrender of its collateral, and that, after sale of the collateral, any deficiency shall be paid as an unsecured claim. The record of Debtor's bankruptcy proceeding clearly reflects that no objection was made to the Debtor's modified plan, and, as such, Creditor, Triad Financial Corp., is bound by the terms of that modified plan as confirmed by Order of this Court, on April 18, 2002.
ORDER
For the reasons set forth in an Opinion entered on the 4th day of February 2003; IT IS HEREBY ORDERED that:
A. The Objection to Claim filed by the Debtor on January 8, 2003, is ALLOWED; and,
B. Claim No. 7, filed by Triad Financial Corp., in the amount of $6,225, shall be treated as an unsecured claim to be paid together with Debtor's other unsecured creditors.