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claim deadline
That would be my argument too. Anyone litigated the issue before?
On Mar 16, 2015 11:47 AM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> If someone wants to make a fuss, which they usually don't, the Court would
> have to interpret the Plan.
>
> Based strictly on what you've said, I would argue that X dollars is all
> that has to be paid. This is a pot provision and the creditors all get to
> eat from whatever is in the pot. The estimated 5% is for information
> purposes only.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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.
>
>
> On Mon, Mar 16, 2015 at 11:36 AM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> Stated differently, the confirmed plan calls for quarterly payments of X
>> dollars, estimated to payout 5% to unsecured creditors. Is the X dollars
>> per quarter provision what dominates? Or is it the percentage payout?
>>
>> On Mon, Mar 16, 2015 at 11:20 AM, Kirk Brennan
>> wrote:
>>
>>> Assuming it must be paid and the payout to general unsecureds is 5%,
>>> would that just reduce the amount going to other unsecured creditors? Or
>>> would the dollar amount have to go up to keep the payout at 5%
>>> Thanks,
>>>
>>>
>>> On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian
>>> michael@avanesianlaw.com [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> Yes, if you scheduled it as a valid claim, you must pay it. The late
>>>> filed POC would only invalidate the POC, it would not change the fact that
>>>> you scheduled it to begin with.
>>>>
>>>> If it's imperative that the claim not be paid, you may be able to argue
>>>> that the POC supersedes the scheduled claim and since it was late and not
>>>> allowed, the whole claim is not allowed. I didn't articulate it very well
>>>> but there is some argument there. I don't think it's a good argument but
>>>> you never know what wins the day.
>>>>
>>>>
>>>>
>>>>
>>>> Sincerely,
>>>>
>>>>
>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>> 101 N. Brand Blvd., PH 1920
>>>> Glendale, California 91203
>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>
>>>> *Confidentiality**: *This electronic transmission and its contents
>>>> are legally privileged and confidential information and intended solely for
>>>> the use of the addressee. If the reader of this message is not the intended
>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>> copying or other use of this message and its contents is strictly
>>>> prohibited. If you have received this transmission in error, please reply
>>>> to us immediately and delete this message from your directory.
>>>>
>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>> contained in this communication (including any attachments) is not intended
>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>> 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.
>>>>
>>>>
>>>> On Mon, Mar 16, 2015 at 8:42 AM, Kirk Brennan kirkinhermosa@gmail.com
>>>> [cdcbaa] wrote:
>>>>
>>>>>
>>>>>
>>>>> Even if the claim was filed late per the Notice of Deadlines?
>>>>> On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
>>>>> [cdcbaa]" wrote:
>>>>>
>>>>>>
>>>>>>
>>>>>> All scheduled claims that are not marked as disputed, contingent or
>>>>>> unliquidated must be provided for in the Plan as if they filed a POC. This
>>>>>> is different from Chapter 13s where I believe the opposite is true. See
>>>>>> FRBP 3003(b)(1):
>>>>>>
>>>>>> (1) Schedule of Liabilities. The schedule of liabilities filed
>>>>>> pursuant to 521(l) of the Code shall constitute prima facie evidence of
>>>>>> the validity and amount of the claims of creditors, unless they are
>>>>>> scheduled as disputed, contingent, or unliquidated. It shall not be
>>>>>> necessary for a creditor or equity security holder to file a proof of claim
>>>>>> or interest...
>>>>>>
>>>>>> If you made a pot plan like 5% to unsecured creditors then it's not
>>>>>> difficult to fix the problem. Make a larger payout to the creditor to catch
>>>>>> them up. I suggest that you comb through the schedules to determine whether
>>>>>> any other creditors were missed.
>>>>>>
>>>>>>
>>>>>> Sincerely,
>>>>>>
>>>>>>
>>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>>> 101 N. Brand Blvd., PH 1920
>>>>>> Glendale, California 91203
>>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>>
>>>>>> *Confidentiality**: *This electronic transmission and its contents
>>>>>> are legally privileged and confidential information and intended solely for
>>>>>> the use of the addressee. If the reader of this message is not the intended
>>>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>>>> copying or other use of this message and its contents is strictly
>>>>>> prohibited. If you have received this transmission in error, please reply
>>>>>> to us immediately and delete this message from your directory.
>>>>>>
>>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with
>>>>>> requirements imposed by the IRS, please be advised that any U.S. federal
>>>>>> tax advice contained in this communication (including any attachments) is
>>>>>> not intended or written to be used or relied upon, and cannot be used or
>>>>>> relied upon, 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.
>>>>>>
>>>>>>
>>>>>> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan
>>>>>> kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> The creditor was not listed as disputed etc.
>>>>>>> On Mar 15, 2015 12:00 PM, "Michael Avanesian
>>>>>>> michael@avanesianlaw.com [cdcbaa]" wrote:
>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> I am assuming the creditor was scheduled as contingent,
>>>>>>>> unliquidated or disputed. If so, they aren't entitled to a distribution.
>>>>>>>>
>>>>>>>>
>>>>>>>> Sincerely,
>>>>>>>>
>>>>>>>>
>>>>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>>>>> 101 N. Brand Blvd., PH 1920
>>>>>>>> Glendale, California 91203
>>>>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>>>>
>>>>>>>> *Confidentiality**: *This electronic transmission and its
>>>>>>>> contents are legally privileged and confidential information and intended
>>>>>>>> solely for the use of the addressee. If the reader of this message is not
>>>>>>>> the intended recipient, you are hereby notified that any dissemination,
>>>>>>>> distribution, copying or other use of this message and its contents is
>>>>>>>> strictly prohibited. If you have received this transmission in error,
>>>>>>>> please reply to us immediately and delete this message from your directory.
>>>>>>>>
>>>>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with
>>>>>>>> requirements imposed by the IRS, please be advised that any U.S. federal
>>>>>>>> tax advice contained in this communication (including any attachments) is
>>>>>>>> not intended or written to be used or relied upon, and cannot be used or
>>>>>>>> relied upon, 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.
>>>>>>>>
>>>>>>>>
>>>>>>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan
>>>>>>>> kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>>>>>>> creditors and deadlines shortly after the case is filed. The notice
>>>>>>>>> includes a "Deadline to File a Proof of Claim."
>>>>>>>>> General unsecured creditor files proof of claim after deadline has
>>>>>>>>> passed.
>>>>>>>>> No motion to set bar date filed.
>>>>>>>>> Plan is confirmed. Plan is silent on the issue.
>>>>>>>>> Must payments be made under the plan to the late filing unsecured
>>>>>>>>> creditor?
>>>>>>>>>
>>>>>>>>> Thanks,
>>>>>>>>>
>>>>>>>>> --
>>>>>>>>> Kirk Brennan
>>>>>>>>>
>>>>>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for
>>>>>>>>> the exclusive and confidential use of the intended recipient. If you are
>>>>>>>>> not the intended recipient, please do not read, distribute or take action
>>>>>>>>> in reliance on this message. If you have received this message in error,
>>>>>>>>> please notify us immediately by return e-mail and promptly delete this
>>>>>>>>> message and its attachments from your computer system. We do not waive
>>>>>>>>> attorney-client or work product privilege by the transmission of this
>>>>>>>>> message.
>>>>>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail
>>>>>>>>> does not constitute a "reliance opinion" as defined in IRS Circular 230 and
>>>>>>>>> may not be used to establish reasonable reliance on the opinion of counsel
>>>>>>>>> for the purpose of avoiding the penalty imposed by Section 6662A of the
>>>>>>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>>>>>>> opinion letters containing the signature of a director.
>>>>>>>>>
>>>>>>>>>
>>>>>>>>
>>>>>>
>>>>
>>>
>>>
>>> --
>>> Kirk Brennan
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>> exclusive and confidential use of the intended recipient. If you are not
>>> the intended recipient, please do not read, distribute or take action in
>>> reliance on this message. If you have received this message in error,
>>> please notify us immediately by return e-mail and promptly delete this
>>> message and its attachments from your computer system. We do not waive
>>> attorney-client or work product privilege by the transmission of this
>>> message.
>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>>> be used to establish reasonable reliance on the opinion of counsel for the
>>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>>> Revenue Code. The firm provides reliance opinions only in formal opinion
>>> letters containing the signature of a director.
>>>
>>
>>
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>
>
That would be my argument too. Anyone litigated the issue before?
On Mar 16, 2015 11:47 AM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
If someone wants to make a fuss, which they usually don't, the Court would have to interpret the Plan.Based strictly on what you've said, I would argue that X dollars is all that has to be paid. This is a pot provision and the creditors all get to eat from whatever is in the pot. The estimated 5% is for information purposes only.
The post was migrated from Yahoo.
If someone wants to make a fuss, which they usually don't, the Court would
have to interpret the Plan.
Based strictly on what you've said, I would argue that X dollars is all
that has to be paid. This is a pot provision and the creditors all get to
eat from whatever is in the pot. The estimated 5% is for information
purposes only.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Mon, Mar 16, 2015 at 11:36 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Stated differently, the confirmed plan calls for quarterly payments of X
> dollars, estimated to payout 5% to unsecured creditors. Is the X dollars
> per quarter provision what dominates? Or is it the percentage payout?
>
> On Mon, Mar 16, 2015 at 11:20 AM, Kirk Brennan
> wrote:
>
>> Assuming it must be paid and the payout to general unsecureds is 5%,
>> would that just reduce the amount going to other unsecured creditors? Or
>> would the dollar amount have to go up to keep the payout at 5%
>> Thanks,
>>
>>
>> On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian
>> michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>>
>>>
>>> Yes, if you scheduled it as a valid claim, you must pay it. The late
>>> filed POC would only invalidate the POC, it would not change the fact that
>>> you scheduled it to begin with.
>>>
>>> If it's imperative that the claim not be paid, you may be able to argue
>>> that the POC supersedes the scheduled claim and since it was late and not
>>> allowed, the whole claim is not allowed. I didn't articulate it very well
>>> but there is some argument there. I don't think it's a good argument but
>>> you never know what wins the day.
>>>
>>>
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> 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.
>>>
>>>
>>> On Mon, Mar 16, 2015 at 8:42 AM, Kirk Brennan kirkinhermosa@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> Even if the claim was filed late per the Notice of Deadlines?
>>>> On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
>>>> [cdcbaa]" wrote:
>>>>
>>>>>
>>>>>
>>>>> All scheduled claims that are not marked as disputed, contingent or
>>>>> unliquidated must be provided for in the Plan as if they filed a POC. This
>>>>> is different from Chapter 13s where I believe the opposite is true. See
>>>>> FRBP 3003(b)(1):
>>>>>
>>>>> (1) Schedule of Liabilities. The schedule of liabilities filed
>>>>> pursuant to 521(l) of the Code shall constitute prima facie evidence of
>>>>> the validity and amount of the claims of creditors, unless they are
>>>>> scheduled as disputed, contingent, or unliquidated. It shall not be
>>>>> necessary for a creditor or equity security holder to file a proof of claim
>>>>> or interest...
>>>>>
>>>>> If you made a pot plan like 5% to unsecured creditors then it's not
>>>>> difficult to fix the problem. Make a larger payout to the creditor to catch
>>>>> them up. I suggest that you comb through the schedules to determine whether
>>>>> any other creditors were missed.
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>> 101 N. Brand Blvd., PH 1920
>>>>> Glendale, California 91203
>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>
>>>>> *Confidentiality**: *This electronic transmission and its contents
>>>>> are legally privileged and confidential information and intended solely for
>>>>> the use of the addressee. If the reader of this message is not the intended
>>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>>> copying or other use of this message and its contents is strictly
>>>>> prohibited. If you have received this transmission in error, please reply
>>>>> to us immediately and delete this message from your directory.
>>>>>
>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>>> contained in this communication (including any attachments) is not intended
>>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>>> 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.
>>>>>
>>>>>
>>>>> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
>>>>> [cdcbaa] wrote:
>>>>>
>>>>>>
>>>>>>
>>>>>> The creditor was not listed as disputed etc.
>>>>>> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
>>>>>> [cdcbaa]" wrote:
>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> I am assuming the creditor was scheduled as contingent, unliquidated
>>>>>>> or disputed. If so, they aren't entitled to a distribution.
>>>>>>>
>>>>>>>
>>>>>>> Sincerely,
>>>>>>>
>>>>>>>
>>>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>>>> 101 N. Brand Blvd., PH 1920
>>>>>>> Glendale, California 91203
>>>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>>>
>>>>>>> *Confidentiality**: *This electronic transmission and its contents
>>>>>>> are legally privileged and confidential information and intended solely for
>>>>>>> the use of the addressee. If the reader of this message is not the intended
>>>>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>>>>> copying or other use of this message and its contents is strictly
>>>>>>> prohibited. If you have received this transmission in error, please reply
>>>>>>> to us immediately and delete this message from your directory.
>>>>>>>
>>>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with
>>>>>>> requirements imposed by the IRS, please be advised that any U.S. federal
>>>>>>> tax advice contained in this communication (including any attachments) is
>>>>>>> not intended or written to be used or relied upon, and cannot be used or
>>>>>>> relied upon, 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.
>>>>>>>
>>>>>>>
>>>>>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan
>>>>>>> kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>>>>>> creditors and deadlines shortly after the case is filed. The notice
>>>>>>>> includes a "Deadline to File a Proof of Claim."
>>>>>>>> General unsecured creditor files proof of claim after deadline has
>>>>>>>> passed.
>>>>>>>> No motion to set bar date filed.
>>>>>>>> Plan is confirmed. Plan is silent on the issue.
>>>>>>>> Must payments be made under the plan to the late filing unsecured
>>>>>>>> creditor?
>>>>>>>>
>>>>>>>> Thanks,
>>>>>>>>
>>>>>>>> --
>>>>>>>> Kirk Brennan
>>>>>>>>
>>>>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>>>>>>> exclusive and confidential use of the intended recipient. If you are not
>>>>>>>> the intended recipient, please do not read, distribute or take action in
>>>>>>>> reliance on this message. If you have received this message in error,
>>>>>>>> please notify us immediately by return e-mail and promptly delete this
>>>>>>>> message and its attachments from your computer system. We do not waive
>>>>>>>> attorney-client or work product privilege by the transmission of this
>>>>>>>> message.
>>>>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail
>>>>>>>> does not constitute a "reliance opinion" as defined in IRS Circular 230 and
>>>>>>>> may not be used to establish reasonable reliance on the opinion of counsel
>>>>>>>> for the purpose of avoiding the penalty imposed by Section 6662A of the
>>>>>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>>>>>> opinion letters containing the signature of a director.
>>>>>>>>
>>>>>>>>
>>>>>>>
>>>>>
>>>
>>
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
If someone wants to make a fuss, which they usually don't, the Court would have to interpret the Plan.Based strictly on what you've said, I would argue that X dollars is all that has to be paid. This is a pot provision and the creditors all get to eat from whatever is in the pot. The estimated 5% is for information purposes only.Sincerely,
The post was migrated from Yahoo.
Stated differently, the confirmed plan calls for quarterly payments of X
dollars, estimated to payout 5% to unsecured creditors. Is the X dollars
per quarter provision what dominates? Or is it the percentage payout?
On Mon, Mar 16, 2015 at 11:20 AM, Kirk Brennan
wrote:
> Assuming it must be paid and the payout to general unsecureds is 5%, would
> that just reduce the amount going to other unsecured creditors? Or would
> the dollar amount have to go up to keep the payout at 5%
> Thanks,
>
>
> On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian
> michael@avanesianlaw.com [cdcbaa] wrote:
>
>>
>>
>> Yes, if you scheduled it as a valid claim, you must pay it. The late
>> filed POC would only invalidate the POC, it would not change the fact that
>> you scheduled it to begin with.
>>
>> If it's imperative that the claim not be paid, you may be able to argue
>> that the POC supersedes the scheduled claim and since it was late and not
>> allowed, the whole claim is not allowed. I didn't articulate it very well
>> but there is some argument there. I don't think it's a good argument but
>> you never know what wins the day.
>>
>>
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> 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.
>>
>>
>> On Mon, Mar 16, 2015 at 8:42 AM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> Even if the claim was filed late per the Notice of Deadlines?
>>> On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
>>> [cdcbaa]" wrote:
>>>
>>>>
>>>>
>>>> All scheduled claims that are not marked as disputed, contingent or
>>>> unliquidated must be provided for in the Plan as if they filed a POC. This
>>>> is different from Chapter 13s where I believe the opposite is true. See
>>>> FRBP 3003(b)(1):
>>>>
>>>> (1) Schedule of Liabilities. The schedule of liabilities filed pursuant
>>>> to 521(l) of the Code shall constitute prima facie evidence of the
>>>> validity and amount of the claims of creditors, unless they are scheduled
>>>> as disputed, contingent, or unliquidated. It shall not be necessary for a
>>>> creditor or equity security holder to file a proof of claim or interest...
>>>>
>>>> If you made a pot plan like 5% to unsecured creditors then it's not
>>>> difficult to fix the problem. Make a larger payout to the creditor to catch
>>>> them up. I suggest that you comb through the schedules to determine whether
>>>> any other creditors were missed.
>>>>
>>>>
>>>> Sincerely,
>>>>
>>>>
>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>> 101 N. Brand Blvd., PH 1920
>>>> Glendale, California 91203
>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>
>>>> *Confidentiality**: *This electronic transmission and its contents
>>>> are legally privileged and confidential information and intended solely for
>>>> the use of the addressee. If the reader of this message is not the intended
>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>> copying or other use of this message and its contents is strictly
>>>> prohibited. If you have received this transmission in error, please reply
>>>> to us immediately and delete this message from your directory.
>>>>
>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>> contained in this communication (including any attachments) is not intended
>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>> 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.
>>>>
>>>>
>>>> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
>>>> [cdcbaa] wrote:
>>>>
>>>>>
>>>>>
>>>>> The creditor was not listed as disputed etc.
>>>>> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
>>>>> [cdcbaa]" wrote:
>>>>>
>>>>>>
>>>>>>
>>>>>> I am assuming the creditor was scheduled as contingent, unliquidated
>>>>>> or disputed. If so, they aren't entitled to a distribution.
>>>>>>
>>>>>>
>>>>>> Sincerely,
>>>>>>
>>>>>>
>>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>>> 101 N. Brand Blvd., PH 1920
>>>>>> Glendale, California 91203
>>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>>
>>>>>> *Confidentiality**: *This electronic transmission and its contents
>>>>>> are legally privileged and confidential information and intended solely for
>>>>>> the use of the addressee. If the reader of this message is not the intended
>>>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>>>> copying or other use of this message and its contents is strictly
>>>>>> prohibited. If you have received this transmission in error, please reply
>>>>>> to us immediately and delete this message from your directory.
>>>>>>
>>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with
>>>>>> requirements imposed by the IRS, please be advised that any U.S. federal
>>>>>> tax advice contained in this communication (including any attachments) is
>>>>>> not intended or written to be used or relied upon, and cannot be used or
>>>>>> relied upon, 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.
>>>>>>
>>>>>>
>>>>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan
>>>>>> kirkinhermosa@gmail.com [cdcbaa] wrote:
>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>>>>> creditors and deadlines shortly after the case is filed. The notice
>>>>>>> includes a "Deadline to File a Proof of Claim."
>>>>>>> General unsecured creditor files proof of claim after deadline has
>>>>>>> passed.
>>>>>>> No motion to set bar date filed.
>>>>>>> Plan is confirmed. Plan is silent on the issue.
>>>>>>> Must payments be made under the plan to the late filing unsecured
>>>>>>> creditor?
>>>>>>>
>>>>>>> Thanks,
>>>>>>>
>>>>>>> --
>>>>>>> Kirk Brennan
>>>>>>>
>>>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>>>>>> exclusive and confidential use of the intended recipient. If you are not
>>>>>>> the intended recipient, please do not read, distribute or take action in
>>>>>>> reliance on this message. If you have received this message in error,
>>>>>>> please notify us immediately by return e-mail and promptly delete this
>>>>>>> message and its attachments from your computer system. We do not waive
>>>>>>> attorney-client or work product privilege by the transmission of this
>>>>>>> message.
>>>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does
>>>>>>> not constitute a "reliance opinion" as defined in IRS Circular 230 and may
>>>>>>> not be used to establish reasonable reliance on the opinion of counsel for
>>>>>>> the purpose of avoiding the penalty imposed by Section 6662A of the
>>>>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>>>>> opinion letters containing the signature of a director.
>>>>>>>
>>>>>>>
>>>>>>
>>>>
>>
>>
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Stated differently, the confirmed plan calls for quarterly payments of X dollars, estimated to payout 5% to unsecured creditors.he percentage payout?On Mon, Mar 16, 2015 at 11:20 AM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:Assuming it must be paid and the payout to general unsecureds is 5%, would that just reduce the amount going to other unsecured creditors? Or would the dollar amount have to go up to keep the payout at 5%Thanks, On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Yes, if you scheduled it as a valid claim, you must pay it. The late filed POC would only invalidate the POC, it would not change the fact that you scheduled it to begin with.If it's imperative that the claim not be paid, you may be able to argue that the POC supersedes the scheduled claim and since it was late and not allowed, the whole claim is not allowed. I didn't articulate it v
The post was migrated from Yahoo.
Assuming it must be paid and the payout to general unsecureds is 5%, would
that just reduce the amount going to other unsecured creditors? Or would
the dollar amount have to go up to keep the payout at 5%
Thanks,
On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian michael@avanesianlaw.com
[cdcbaa] wrote:
>
>
> Yes, if you scheduled it as a valid claim, you must pay it. The late filed
> POC would only invalidate the POC, it would not change the fact that you
> scheduled it to begin with.
>
> If it's imperative that the claim not be paid, you may be able to argue
> that the POC supersedes the scheduled claim and since it was late and not
> allowed, the whole claim is not allowed. I didn't articulate it very well
> but there is some argument there. I don't think it's a good argument but
> you never know what wins the day.
>
>
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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.
>
>
> On Mon, Mar 16, 2015 at 8:42 AM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> Even if the claim was filed late per the Notice of Deadlines?
>> On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
>> [cdcbaa]" wrote:
>>
>>>
>>>
>>> All scheduled claims that are not marked as disputed, contingent or
>>> unliquidated must be provided for in the Plan as if they filed a POC. This
>>> is different from Chapter 13s where I believe the opposite is true. See
>>> FRBP 3003(b)(1):
>>>
>>> (1) Schedule of Liabilities. The schedule of liabilities filed pursuant
>>> to 521(l) of the Code shall constitute prima facie evidence of the
>>> validity and amount of the claims of creditors, unless they are scheduled
>>> as disputed, contingent, or unliquidated. It shall not be necessary for a
>>> creditor or equity security holder to file a proof of claim or interest...
>>>
>>> If you made a pot plan like 5% to unsecured creditors then it's not
>>> difficult to fix the problem. Make a larger payout to the creditor to catch
>>> them up. I suggest that you comb through the schedules to determine whether
>>> any other creditors were missed.
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> 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.
>>>
>>>
>>> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> The creditor was not listed as disputed etc.
>>>> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
>>>> [cdcbaa]" wrote:
>>>>
>>>>>
>>>>>
>>>>> I am assuming the creditor was scheduled as contingent, unliquidated
>>>>> or disputed. If so, they aren't entitled to a distribution.
>>>>>
>>>>>
>>>>> Sincerely,
>>>>>
>>>>>
>>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>>> 101 N. Brand Blvd., PH 1920
>>>>> Glendale, California 91203
>>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>>
>>>>> *Confidentiality**: *This electronic transmission and its contents
>>>>> are legally privileged and confidential information and intended solely for
>>>>> the use of the addressee. If the reader of this message is not the intended
>>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>>> copying or other use of this message and its contents is strictly
>>>>> prohibited. If you have received this transmission in error, please reply
>>>>> to us immediately and delete this message from your directory.
>>>>>
>>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>>> contained in this communication (including any attachments) is not intended
>>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>>> 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.
>>>>>
>>>>>
>>>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
>>>>> [cdcbaa] wrote:
>>>>>
>>>>>>
>>>>>>
>>>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>>>> creditors and deadlines shortly after the case is filed. The notice
>>>>>> includes a "Deadline to File a Proof of Claim."
>>>>>> General unsecured creditor files proof of claim after deadline has
>>>>>> passed.
>>>>>> No motion to set bar date filed.
>>>>>> Plan is confirmed. Plan is silent on the issue.
>>>>>> Must payments be made under the plan to the late filing unsecured
>>>>>> creditor?
>>>>>>
>>>>>> Thanks,
>>>>>>
>>>>>> --
>>>>>> Kirk Brennan
>>>>>>
>>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>>>>> exclusive and confidential use of the intended recipient. If you are not
>>>>>> the intended recipient, please do not read, distribute or take action in
>>>>>> reliance on this message. If you have received this message in error,
>>>>>> please notify us immediately by return e-mail and promptly delete this
>>>>>> message and its attachments from your computer system. We do not waive
>>>>>> attorney-client or work product privilege by the transmission of this
>>>>>> message.
>>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does
>>>>>> not constitute a "reliance opinion" as defined in IRS Circular 230 and may
>>>>>> not be used to establish reasonable reliance on the opinion of counsel for
>>>>>> the purpose of avoiding the penalty imposed by Section 6662A of the
>>>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>>>> opinion letters containing the signature of a director.
>>>>>>
>>>>>>
>>>>>
>>>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Assuming it must be paid and the payout to general unsecureds is 5%, would that just reduce the amount going to other unsecured creditors? Or would the dollar amount have to go up to keep the payout at 5%Thanks, On Mon, Mar 16, 2015 at 9:01 AM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Yes, if you scheduled it as a valid claim, you must pay it. The late filed POC would only invalidate the POC, it would not change the fact that you scheduled it to begin with.If it's imperative that the claim not be paid, you may be able to argue that the POC supersedes the scheduled claim and since it was late and not allowed, the whole claim is not allowed. I didn't articulate it v
The post was migrated from Yahoo.
Yes, if you scheduled it as a valid claim, you must pay it. The late filed
POC would only invalidate the POC, it would not change the fact that you
scheduled it to begin with.
If it's imperative that the claim not be paid, you may be able to argue
that the POC supersedes the scheduled claim and since it was late and not
allowed, the whole claim is not allowed. I didn't articulate it very well
but there is some argument there. I don't think it's a good argument but
you never know what wins the day.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Mon, Mar 16, 2015 at 8:42 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Even if the claim was filed late per the Notice of Deadlines?
> On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>>
>>
>> All scheduled claims that are not marked as disputed, contingent or
>> unliquidated must be provided for in the Plan as if they filed a POC. This
>> is different from Chapter 13s where I believe the opposite is true. See
>> FRBP 3003(b)(1):
>>
>> (1) Schedule of Liabilities. The schedule of liabilities filed pursuant
>> to 521(l) of the Code shall constitute prima facie evidence of the
>> validity and amount of the claims of creditors, unless they are scheduled
>> as disputed, contingent, or unliquidated. It shall not be necessary for a
>> creditor or equity security holder to file a proof of claim or interest...
>>
>> If you made a pot plan like 5% to unsecured creditors then it's not
>> difficult to fix the problem. Make a larger payout to the creditor to catch
>> them up. I suggest that you comb through the schedules to determine whether
>> any other creditors were missed.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> 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.
>>
>>
>> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> The creditor was not listed as disputed etc.
>>> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
>>> [cdcbaa]" wrote:
>>>
>>>>
>>>>
>>>> I am assuming the creditor was scheduled as contingent, unliquidated or
>>>> disputed. If so, they aren't entitled to a distribution.
>>>>
>>>>
>>>> Sincerely,
>>>>
>>>>
>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>> 101 N. Brand Blvd., PH 1920
>>>> Glendale, California 91203
>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>
>>>> *Confidentiality**: *This electronic transmission and its contents
>>>> are legally privileged and confidential information and intended solely for
>>>> the use of the addressee. If the reader of this message is not the intended
>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>> copying or other use of this message and its contents is strictly
>>>> prohibited. If you have received this transmission in error, please reply
>>>> to us immediately and delete this message from your directory.
>>>>
>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>> contained in this communication (including any attachments) is not intended
>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>> 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.
>>>>
>>>>
>>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
>>>> [cdcbaa] wrote:
>>>>
>>>>>
>>>>>
>>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>>> creditors and deadlines shortly after the case is filed. The notice
>>>>> includes a "Deadline to File a Proof of Claim."
>>>>> General unsecured creditor files proof of claim after deadline has
>>>>> passed.
>>>>> No motion to set bar date filed.
>>>>> Plan is confirmed. Plan is silent on the issue.
>>>>> Must payments be made under the plan to the late filing unsecured
>>>>> creditor?
>>>>>
>>>>> Thanks,
>>>>>
>>>>> --
>>>>> Kirk Brennan
>>>>>
>>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>>>> exclusive and confidential use of the intended recipient. If you are not
>>>>> the intended recipient, please do not read, distribute or take action in
>>>>> reliance on this message. If you have received this message in error,
>>>>> please notify us immediately by return e-mail and promptly delete this
>>>>> message and its attachments from your computer system. We do not waive
>>>>> attorney-client or work product privilege by the transmission of this
>>>>> message.
>>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does
>>>>> not constitute a "reliance opinion" as defined in IRS Circular 230 and may
>>>>> not be used to establish reasonable reliance on the opinion of counsel for
>>>>> the purpose of avoiding the penalty imposed by Section 6662A of the
>>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>>> opinion letters containing the signature of a director.
>>>>>
>>>>>
>>>>
>>
>
Yes, if you scheduled it as a valid claim, you must pay it. The late filed POC would only invalidate the POC, it would not change the fact that you scheduled it to begin with.If it's imperative that the claim not be paid, you may be able to argue that the POC supersedes the scheduled claim and since it was late and not allowed, the whole claim is not allowed. I didn't articulate it very well but
The post was migrated from Yahoo.
Even if the claim was filed late per the Notice of Deadlines?
On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> All scheduled claims that are not marked as disputed, contingent or
> unliquidated must be provided for in the Plan as if they filed a POC. This
> is different from Chapter 13s where I believe the opposite is true. See
> FRBP 3003(b)(1):
>
> (1) Schedule of Liabilities. The schedule of liabilities filed pursuant to
> 521(l) of the Code shall constitute prima facie evidence of the validity
> and amount of the claims of creditors, unless they are scheduled as
> disputed, contingent, or unliquidated. It shall not be necessary for a
> creditor or equity security holder to file a proof of claim or interest...
>
> If you made a pot plan like 5% to unsecured creditors then it's not
> difficult to fix the problem. Make a larger payout to the creditor to catch
> them up. I suggest that you comb through the schedules to determine whether
> any other creditors were missed.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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.
>
>
> On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> The creditor was not listed as disputed etc.
>> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
>> [cdcbaa]" wrote:
>>
>>>
>>>
>>> I am assuming the creditor was scheduled as contingent, unliquidated or
>>> disputed. If so, they aren't entitled to a distribution.
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> 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.
>>>
>>>
>>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> Chapter 11 case. Court clerk files Notice of case, meeting of
>>>> creditors and deadlines shortly after the case is filed. The notice
>>>> includes a "Deadline to File a Proof of Claim."
>>>> General unsecured creditor files proof of claim after deadline has
>>>> passed.
>>>> No motion to set bar date filed.
>>>> Plan is confirmed. Plan is silent on the issue.
>>>> Must payments be made under the plan to the late filing unsecured
>>>> creditor?
>>>>
>>>> Thanks,
>>>>
>>>> --
>>>> Kirk Brennan
>>>>
>>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>>> exclusive and confidential use of the intended recipient. If you are not
>>>> the intended recipient, please do not read, distribute or take action in
>>>> reliance on this message. If you have received this message in error,
>>>> please notify us immediately by return e-mail and promptly delete this
>>>> message and its attachments from your computer system. We do not waive
>>>> attorney-client or work product privilege by the transmission of this
>>>> message.
>>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does
>>>> not constitute a "reliance opinion" as defined in IRS Circular 230 and may
>>>> not be used to establish reasonable reliance on the opinion of counsel for
>>>> the purpose of avoiding the penalty imposed by Section 6662A of the
>>>> Internal Revenue Code. The firm provides reliance opinions only in formal
>>>> opinion letters containing the signature of a director.
>>>>
>>>>
>>>
>
>
Even if the claim was filed late per the Notice of Deadlines?
On Mar 15, 2015 11:18 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
All scheduled claims that are not marked as disputed, contingent or unliquidated must be provided for in the Plan as if they filed a POC. This is different from Chapter 13s where I believe the opposite is true. See FRBP 3003(b)(1):(1) Schedule of Liabilities. The schedule of liabilities filed pursuant to 521(l) of the Code shall constitute prima facie evidence of the validity and amount of the claims of creditors, unless they are scheduled as disputed, contingent, or unliquidated. It shall not be necessary for a creditor or equity security holder to file a proof of claim or interest...If you made a pot plan like 5% to unsecured creditors then it's not difficult to fix the problem. Make a larger payout to the creditor to catch them up. I suggest that you comb through the schedules to determine whether any other creditors were missed.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The creditor was not listed as disputed etc.
On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I am assuming the creditor was scheduled as contingent, unliquidated or disputed. If so, they aren't entitled to a distribution.
The post was migrated from Yahoo.
All scheduled claims that are not marked as disputed, contingent or
unliquidated must be provided for in the Plan as if they filed a POC. This
is different from Chapter 13s where I believe the opposite is true. See
FRBP 3003(b)(1):
(1) Schedule of Liabilities. The schedule of liabilities filed pursuant to
ity
and amount of the claims of creditors, unless they are scheduled as
disputed, contingent, or unliquidated. It shall not be necessary for a
creditor or equity security holder to file a proof of claim or interest...
If you made a pot plan like 5% to unsecured creditors then it's not
difficult to fix the problem. Make a larger payout to the creditor to catch
them up. I suggest that you comb through the schedules to determine whether
any other creditors were missed.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> The creditor was not listed as disputed etc.
> On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>>
>>
>> I am assuming the creditor was scheduled as contingent, unliquidated or
>> disputed. If so, they aren't entitled to a distribution.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> 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.
>>
>>
>> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> Chapter 11 case. Court clerk files Notice of case, meeting of creditors
>>> and deadlines shortly after the case is filed. The notice includes a
>>> "Deadline to File a Proof of Claim."
>>> General unsecured creditor files proof of claim after deadline has
>>> passed.
>>> No motion to set bar date filed.
>>> Plan is confirmed. Plan is silent on the issue.
>>> Must payments be made under the plan to the late filing unsecured
>>> creditor?
>>>
>>> Thanks,
>>>
>>> --
>>> Kirk Brennan
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>>> exclusive and confidential use of the intended recipient. If you are not
>>> the intended recipient, please do not read, distribute or take action in
>>> reliance on this message. If you have received this message in error,
>>> please notify us immediately by return e-mail and promptly delete this
>>> message and its attachments from your computer system. We do not waive
>>> attorney-client or work product privilege by the transmission of this
>>> message.
>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>>> be used to establish reasonable reliance on the opinion of counsel for the
>>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>>> Revenue Code. The firm provides reliance opinions only in formal opinion
>>> letters containing the signature of a director.
>>>
>>>
>>
>
All scheduled claims that are not marked as disputed, contingent or unliquidated must be provided for in the Plan as if they filed a POC. This is different from Chapter 13s where I believe the opposite is true. See FRBP 3003(b)(1):(1) Schedule of Liabilities. The schedule of liabilities filed pursuant to 521(l) of the Code shall constitute prima facie evidence of the validity and amount of the claims of creditors, unless they are scheduled as disputed, contingent, or unliquidated. It shall not be necessary for a creditor or equity security holder to file a proof of claim or interest...If you made a pot plan like 5% to unsecured creditors then it's not difficult to fix the problem. Make a larger payout to the creditor to catch them up. I suggest that you comb through the schedules to determine whether any other creditors were missed.Sincerely,Michael Avanesian, Esq.erif">AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Sun, Mar 15, 2015 at 10:28 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The creditor was not listed as disputed etc.
On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I am assuming the creditor was scheduled as contingent, unliquidated or disputed. If so, they aren't entitled to a distribution.
The post was migrated from Yahoo.
The creditor was not listed as disputed etc.
On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> I am assuming the creditor was scheduled as contingent, unliquidated or
> disputed. If so, they aren't entitled to a distribution.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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.
>
>
> On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> Chapter 11 case. Court clerk files Notice of case, meeting of creditors
>> and deadlines shortly after the case is filed. The notice includes a
>> "Deadline to File a Proof of Claim."
>> General unsecured creditor files proof of claim after deadline has passed.
>> No motion to set bar date filed.
>> Plan is confirmed. Plan is silent on the issue.
>> Must payments be made under the plan to the late filing unsecured
>> creditor?
>>
>> Thanks,
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>
>
The creditor was not listed as disputed etc.
On Mar 15, 2015 12:00 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I am assuming the creditor was scheduled as contingent, unliquidated or disputed. If so, they aren't entitled to a distribution.Sincerely,Michael Avanesian, Esq.erif">AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Chapter 11 case. Court clerk files Notice of case,
meeting of creditors and deadlines shortly after the case is filed. The
notice includes a "Deadline to File a Proof of Claim."General unsecured creditor files proof of claim after deadline has passed.No motion to set bar date filed. Plan is confirmed.the plan to the late filing unsecured creditor?Thanks,-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
I am assuming the creditor was scheduled as contingent, unliquidated or
disputed. If so, they aren't entitled to a distribution.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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.
On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Chapter 11 case. Court clerk files Notice of case, meeting of creditors
> and deadlines shortly after the case is filed. The notice includes a
> "Deadline to File a Proof of Claim."
> General unsecured creditor files proof of claim after deadline has passed.
> No motion to set bar date filed.
> Plan is confirmed. Plan is silent on the issue.
> Must payments be made under the plan to the late filing unsecured creditor?
>
> Thanks,
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
I am assuming the creditor was scheduled as contingent, unliquidated or disputed. If so, they aren't entitled to a distribution."gmail_signature">Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Sun, Mar 15, 2015 at 10:25 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Chapter 11 case. Court clerk files Notice of case,
meeting of creditors and deadlines shortly after the case is filed. The
notice includes a "Deadline to File a Proof of Claim."General unsecured creditor files proof of claim after deadline has passed.No motion to set bar date filed. Plan is confirmed.the plan to the late filing unsecured creditor?Thanks,-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
Chapter 11 case. Court clerk files Notice of case, meeting of creditors
and deadlines shortly after the case is filed. The notice includes a
"Deadline to File a Proof of Claim."
General unsecured creditor files proof of claim after deadline has passed.
No motion to set bar date filed.
Plan is confirmed. Plan is silent on the issue.
Must payments be made under the plan to the late filing unsecured creditor?
Thanks,
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Chapter 11 case. Court clerk files Notice of case,
meeting of creditors and deadlines shortly after the case is filed. The
notice includes a "Deadline to File a Proof of Claim."General unsecured creditor files proof of claim after deadline has passed.No motion to set bar date filed. Plan is confirmed.the plan to the late filing unsecured creditor?Thanks,--
The post was migrated from Yahoo.