.jpg)
Late Filed POCs in Asset Case
This is the standard argument for the "run for congress" chant.
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 28, 2014, at 11:05 AM, "sam@southbaybk.com [cdcbaa]" wrote:
>
> It's seems inequitable that 100% of the unscheduled, "normal" (non-523) debt would not be discharged, while the scheduled creditors who file timely claims may only get paid a small percentage of their otherwise discharged debt.
>
>
The post was migrated from Yahoo.
Thank you again for your response. I really like that appeal to Beezley
idea.
I could see two ways though for insolvency to occur despite the Trustee's
best effort. First, it's the Chapter 11 from hell that's converted to
Chapter 7. Attorney fees of Chapter 11 counsel could exceed value of
estate.
The other is when the Trustee goes after a fraudulent transfer believing
he/she can win. After losing, his attorney fees exceed value of assets.
There was also that one case in the east coast where the debtor was found
to be a vexatious litigant and basically got in the way of the Trustee so
much that she lost standing because she cost the estate so much money!
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Aug 27, 2014 at 10:35 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Dear Michael,
>
>
>
> According to 326(a), the trustee only gets a percentage of the funds
> disbursed. That percentage depends on the dollar amount paid out. If the
> trustee were to plunder the estate with no dividend to the unsecured
> creditors, it would be an abuse of authority. In the scenario you posit, I
> would let the judge know, perhaps using a disgorgement motion. I recently
> had a judge tell me that if this came up in his court he would require the
> trustee to disgorge the money.
>
>
>
> As for your question, I suppose the debtor could appeal to the *Beezley *holding
> and argue that the unscheduled creditors right to file a proof of claim
> was not prejudiced because the creditor wouldnt have received anything if
> it had filed the proof of claim.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
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> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.
>
>
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
>
>
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, August 27, 2014 10:17 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Late Filed POCs in Asset Case
>
>
>
>
>
> Thanks for the follow up Nick. What if this trustee mucks around and the
> distribution to creditors is zero i.e. administratively insolvent and
> trustee gets all the money. Technically, 523(a)(3)(A) would trigger but
> there is no purpose to filing a proof of claim. So would those unlisted or
> late listed debts still not be discharged?
>
>
>
> Sincerely,
>
> Michael Avanesian
>
> Law Offices of David A. Tilem
>
> www.tilemlaw.com
>
> 818-507-6000
>
>
>
> On Wed, Aug 27, 2014 at 9:18 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>
>
>
> Dear Michael,
>
>
>
> 11 U.S.C. 523(a)(3)(A) answers your question regarding
> dischargeability. The relevant datum in the holding in *In re Beezley*,
> 994 F. 2d 1433 (9th Cir. 1993) was the fact that Beezleys was a no-asset
> case, so the creditor was not prejudiced by its inability to timely file a
> proof of claim. Gerrys case is an asset case, which is why > is triggered. If the creditor in question is unable to timely file a proof
> of claim to participate in the payout, the debt to that creditor is not
> dischargeable.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.
>
>
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
>
>
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, August 27, 2014 8:29 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Late Filed POCs in Asset Case
>
>
>
>
>
> If there are excess funds, the trustee may move the court for another
> claims bar date (trustee gets % of what is disbursed, so tee has an
> incentive to request another date.)
>
>
>
> If there are not enough funds to pay those who have already filed, there
> is no incentive to ask for another date, and those creditors without
> notice will have nondischargeable debts.
>
>
>
>
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
>
> *Error! Filename not specified.*
>
>
> On Aug 27, 2014, at 4:23 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>
>
> Dennis, in your opinion, does that mean these unscheduled debts are not
> discharged and can't be discharged?
>
>
>
> Sincerely,
>
> Michael Avanesian
>
> Law Offices of David A. Tilem
>
> www.tilemlaw.com
>
> 818-507-6000
>
>
>
> On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Gerald:
>
>
>
> The simple answer is no. Late filed claims are paid only if there are
> excess funds after timely filed claims are paid. So in most cases, late
> claims wouldn't receive a distribution.
>
>
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
>
> On Aug 27, 2014, at 3:09 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> Debtor in a Ch7 case with an asset to be administered by Trustee.
>
>
>
> Some creditors were not named on original Schedule F.
>
>
>
> Trustee filed a notice of asset case and sent notice to all known
> creditors, and the POC deadline passed.
>
>
>
> Can Debtor now add creditors, send them the notice, and have their claims
> accepted?
>
>
>
> Gerald McNally
>
>
>
>
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
>
>
> Notice to Recipient: This email is meant for only the intended recipient
> of the transmission and may be a communication privileged by law. If you
> received this email in error, and review, use, dissemination, distribution
> or copying of this email is strictly prohibited. Please notify us
> immediately of the error by return email and please delete this message and
> any and all duplicates of this message from your system. Thank you in
> advance for your cooperation.
>
>
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code or (ii) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.*
>
>
>
>
>
>
>
>
>
Thank you again for your response. I really like that appeal to Beezley idea.I could see two ways though fo
The post was migrated from Yahoo.
Thanks for the follow up Nick. What if this trustee mucks around and the
distribution to creditors is zero i.e. administratively insolvent and
trustee gets all the money. Technically, 523(a)(3)(A) would trigger but
there is no purpose to filing a proof of claim. So would those unlisted or
late listed debts still not be discharged?
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Aug 27, 2014 at 9:18 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
[cdcbaa] wrote:
>
>
> Dear Michael,
>
>
>
> 11 U.S.C. 523(a)(3)(A) answers your question regarding
> dischargeability. The relevant datum in the holding in *In re Beezley*,
> 994 F. 2d 1433 (9th Cir. 1993) was the fact that Beezleys was a no-asset
> case, so the creditor was not prejudiced by its inability to timely file a
> proof of claim. Gerrys case is an asset case, which is why > is triggered. If the creditor in question is unable to timely file a proof
> of claim to participate in the payout, the debt to that creditor is not
> dischargeable.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.
>
>
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
>
>
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, August 27, 2014 8:29 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Late Filed POCs in Asset Case
>
>
>
>
>
> If there are excess funds, the trustee may move the court for another
> claims bar date (trustee gets % of what is disbursed, so tee has an
> incentive to request another date.)
>
>
>
> If there are not enough funds to pay those who have already filed, there
> is no incentive to ask for another date, and those creditors without
> notice will have nondischargeable debts.
>
>
>
>
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
>
> On Aug 27, 2014, at 4:23 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>
>
> Dennis, in your opinion, does that mean these unscheduled debts are not
> discharged and can't be discharged?
>
>
>
> Sincerely,
>
> Michael Avanesian
>
> Law Offices of David A. Tilem
>
> www.tilemlaw.com
>
> 818-507-6000
>
>
>
> On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Gerald:
>
>
>
> The simple answer is no. Late filed claims are paid only if there are
> excess funds after timely filed claims are paid. So in most cases, late
> claims wouldn't receive a distribution.
>
>
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
>
> On Aug 27, 2014, at 3:09 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> Debtor in a Ch7 case with an asset to be administered by Trustee.
>
>
>
> Some creditors were not named on original Schedule F.
>
>
>
> Trustee filed a notice of asset case and sent notice to all known
> creditors, and the POC deadline passed.
>
>
>
> Can Debtor now add creditors, send them the notice, and have their claims
> accepted?
>
>
>
> Gerald McNally
>
>
>
>
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
>
>
> Notice to Recipient: This email is meant for only the intended recipient
> of the transmission and may be a communication privileged by law. If you
> received this email in error, and review, use, dissemination, distribution
> or copying of this email is strictly prohibited. Please notify us
> immediately of the error by return email and please delete this message and
> any and all duplicates of this message from your system. Thank you in
> advance for your cooperation.
>
>
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code or (ii) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.*
>
>
>
>
>
>
>
Thanks for the follow up Nick. What if this trustee mucks around and the distribution to creditors is zero i.e. administratively insolvent and trustee gets all the money. Technically, 523(a)(3)(A) would trigger but there is no purpose to filing a proof of claim. So would those unlisted or late listed debts still not be discharged?
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
an>
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX:et"_blank">562.946.1365
Email:
ngebelt@goodbye2debt.com;
ngebelt@gebeltlaw.com
Web:www.goodbye2debt.com
Blog:www.southerncaliforniabankruptcylawblog.com/
an>
Important notice required by 11 U.S.C. 528:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient,
or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail
info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure:
In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments)
is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, August 27, 2014 8:29 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Late Filed POCs in Asset Case
If there are excess funds, the trustee may move the court for another claims bar date (trustee gets % of what is disbursed, so tee has an incentive to request another date.)
If there are not enough funds to pay those who have already filed, there is no incentive to ask for another date, and those creditors without notice will have nondischargeable debts.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 27, 2014, at 4:23 PM, "Michael Avanesian
michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Dennis, in your opinion, does that mean these unscheduled debts are not discharged and can't be discharged?
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa
cdcbaamailbox@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Gerald:
The simple answer is no. y filed claims are paid. So in most cases, late claims wouldn't receive a distribution.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
The post was migrated from Yahoo.
If there are excess funds, the trustee may move the court for another claims bar date (trustee gets % of what is disbursed, so tee has an incentive to request another date.)
If there are not enough funds to pay those who have already filed, there is no incentive to ask for another date, and those creditors without notice will have nondischargeable debts.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 27, 2014, at 4:23 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
>
> Dennis, in your opinion, does that mean these unscheduled debts are not discharged and can't be discharged?
>
>
> Sincerely,
> Michael Avanesian
> Law Offices of David A. Tilem
> www.tilemlaw.com
> 818-507-6000
>
>
>> On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>>
>> Gerald:
>>
>> The simple answer is no. Late filed claims are paid only if there are excess funds after timely filed claims are paid. So in most cases, late claims wouldn't receive a distribution.
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>> On Aug 27, 2014, at 3:09 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" wrote:
>>>
>>>
>>> Debtor in a Ch7 case with an asset to be administered by Trustee.
>>>
>>>
>>>
>>> Some creditors were not named on original Schedule F.
>>>
>>>
>>>
>>> Trustee filed a notice of asset case and sent notice to all known creditors, and the POC deadline passed.
>>>
>>>
>>>
>>> Can Debtor now add creditors, send them the notice, and have their claims accepted?
>>>
>>>
>>>
>>> Gerald McNally
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Gerald McNally
>>>
>>> McNally & Associates, P.C.
>>>
>>> 517 East Wilson Ave., Ste 104
>>>
>>> Glendale, CA 91206
>>>
>>> 818.507.5100
>>>
>>> Fax: 818.507.5001
>>>
>>>
>>>
>>> Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
>>>
>>>
>>>
>>> IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
>>>
>>>
>>>
>>
>
>
The post was migrated from Yahoo.
Was a notice of possible dividend setting the deadline to file proofs of claim served on all creditors by the court clerk? If none of the creditors
were served with the notice, then a new bar date will be set as a result of
the hiccup. That would allow previously unlisted creditors the
opportunity to timely file a proof of claim. If the court clerk's office did send
out notice, then no new bar date.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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In a message dated 8/27/2014 6:57:39 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I reviewed the docket again and noticed that the Trustee apparently had
never noticed all the other creditors of the asset and possible dividend, so
he may have to get another date from the court. (Over 50 original
creditors, of whom only 6 filed POCs).
Would the trustee now have to use ALL the creditors filed in the case?
Thank you Dennis, Michael and Jay.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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Was a notice of possible dividend setting the deadline to file proofs of
claim served on all creditors by the court clerk? If none of thecreditors were served with the notice, then a new bar date will be set as aresult of the hiccup. That would allow previously unlisted creditors the
opportunity to timely file a proof of claim. If the court
clerk's office did send out notice, then no new bar date.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
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In a message dated 8/27/2014 6:57:39 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
I reviewed the docket again and noticed that the Trustee
apparently had never noticed all the other creditors of the asset and possible
dividend, so he may have to get another date from the court. (Over 50
original creditors, of whom only 6 filed POCs).
Would the trustee now have to use ALL the creditors filed
in the case?
Thank you Dennis, Michael and Jay.
Gerry
The post was migrated from Yahoo.
No new bar date will be set just by virtue of the fact that a small
fraction of creditors filed claims. That's the norm in a Chapter 7 case
because of the way the notices are handled by the creditors' systems and
relevant noticing under Asset Purchase And Sale Agreements.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
No new bar date will be set just by virtue of the fact that a small fraction of creditors filed claims. That's the norm in a Chapter 7 case because of the way the notices are handled by the creditors' systems and relevant noticing under Asset Purchase And Sale Agreements.
-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLPI help people get smart solutions to their bill problems.
The post was migrated from Yahoo.
The notice of assets is generated by the court, so the trustee does not usually serve the notice on creditors
Sent from my iPad
On Aug 27, 2014, at 6:57 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" wrote:
I reviewed the docket again and noticed that the Trustee apparently had never noticed all the other creditors of the asset and possible dividend, so he may have to get another date from the court. (Over 50 original creditors, of whom only 6 filed POCs).
Would the trustee now have to use ALL the creditors filed in the case?
Thank you Dennis, Michael and Jay.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
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The notice of assets is generated by the court, so the trustee does not usually serve the notice on creditors
Sent from my iPad
On Aug 27, 2014, at 6:57 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I reviewed the docket again and noticed that the Trustee apparently had never noticed all the other creditors of the asset and possible dividend, so he may have to get another date from the court. (Over 50 original creditors, of whom only
6 filed POCs).
Would the trustee now have to use ALL the creditors filed in the case?
Thank you Dennis, Michael and Jay.
Gerry
<image001.jpg>
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination,
distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including
any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
creation-date="Thu, 28 Aug 2014 01:57:40 GMT";
modification-date="Thu, 28 Aug 2014 01:57:40 GMT"
The post was migrated from Yahoo.
I reviewed the docket again and noticed that the Trustee apparently had
never noticed all the other creditors of the asset and possible dividend, so
he may have to get another date from the court. (Over 50 original
creditors, of whom only 6 filed POCs).
Would the trustee now have to use ALL the creditors filed in the case?
Thank you Dennis, Michael and Jay.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of
the transmission and may be a communication privileged by law. If you
received this email in error, and review, use, dissemination, distribution
or copying of this email is strictly prohibited. Please notify us
immediately of the error by return email and please delete this message and
any and all duplicates of this message from your system. Thank you in
advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S. tax
advice contained in this communication (including any attachments) is not
intended to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
I agree with Dennis that, barring additional action on the part of the
debtor, the claim would not be discharged. That having been said, however,
if the trustee has not made a distribution then perhaps the solution would
be to file the claim on behalf of the newly added creditor and move to have
the creditor's late filed claim deemed timely. That's how I've seen it done
in the past with success.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people get smart solutions to their bill problems.
http://www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
T: 626-808-4343 x704
E: jay@sflawca.com
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
I agree with Dennis that, barring additional action on the part of the debtor, the claim would not be discharged. That having been said, however, if the trustee has not made a distribution then perhaps the solution would be to file the claim on behalf of the newly added creditor and
The post was migrated from Yahoo.
Dennis, in your opinion, does that mean these unscheduled debts are not
discharged and can't be discharged?
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
>
> Gerald:
>
> The simple answer is no. Late filed claims are paid only if there are
> excess funds after timely filed claims are paid. So in most cases, late
> claims wouldn't receive a distribution.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Aug 27, 2014, at 3:09 PM, "'Gerald McNally' gm@mcesq.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> Debtor in a Ch7 case with an asset to be administered by Trustee.
>
>
>
> Some creditors were not named on original Schedule F.
>
>
>
> Trustee filed a notice of asset case and sent notice to all known
> creditors, and the POC deadline passed.
>
>
>
> Can Debtor now add creditors, send them the notice, and have their claims
> accepted?
>
>
>
> Gerald McNally
>
>
>
>
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
>
>
> Notice to Recipient: This email is meant for only the intended recipient
> of the transmission and may be a communication privileged by law. If you
> received this email in error, and review, use, dissemination, distribution
> or copying of this email is strictly prohibited. Please notify us
> immediately of the error by return email and please delete this message and
> any and all duplicates of this message from your system. Thank you in
> advance for your cooperation.
>
>
>
> *IRS Circular 230 Disclosure: In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code or (ii) promoting, marketing or
> recommending to another party any transaction or matter addressed herein.*
>
>
>
>
>
Dennis, in your opinion, does that mean these unscheduled debts are not discharged and can't be discharged?Sincerely,
Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com818-507-6000
On Wed, Aug 27, 2014 at 3:22 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] <
The post was migrated from Yahoo.