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deadline to file a proof of claim in a chapter 11 case
We, on the individual Ch 11 task force, wrote a form motion for a bar date. Look in the 2081 forms.
Dennis
Sent from my iPhone
On Dec 20, 2011, at 11:16 AM, Kirk Brennan wrote:
> How does one determine the deadline to file a proof of claim in a chapter 11 case?
> The initial notice says "notice of deadline will be sent at a later time"
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> 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.
>
>
We, on the individual Ch 11 task force, wrote a form motion for a bar date. Look in the 2081 forms. DennisSent from my iPhoneOn Dec 20, 2011, at 11:16 AM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
How does one determine the deadline to file a proof of claim in a chapter 11 case?The initial notice says "notice of deadline will be sent at a later time"
Thanks,-- Kirk Brennan, esq.California Law Office, P.C.
The post was migrated from Yahoo.
I usually file a negative-notice motion and propose a deadline of no less
than 45 days from the date of the service of a notice of the bar date (but,
in any event, a business day). That way, it gives you a bit more
flexibility regarding when to file the notice - though you usually want to
serve it asap. The 45 days will depend on the judge, too. Some judges
allow 30 days, but some require 45 days and others up to 60 days. I wish
the Court would just set it automatically when you file the Chapter 11 case
like they do in the Eastern District of California.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
I usually file a negative-notice motion and propose a deadline of no less than 45 days from the date of the service of a notice of the bar date (but, in any event, a business day). That way, it gives you a bit more flexibility regarding when to file the notice - though you usually want to serve it asap. The 45 days will depend on the judge, too. Some judges allow 30 days, but some require 45 days and others up to 60 days. I wish the Court would just set it automatically when you file the Chapter 11 case like they do in the Eastern District of California.
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.com
The post was migrated from Yahoo.
charset="ISO-8859-1"
See FRBP 3003(c)(3), LBR 3001. It's usually done by debtor's motion, with
at least 45 days between the hearing date and the proposed bar date.
John D. Faucher
Hurlbett & Faucher, LLP
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
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On 12/20/11 12:08 PM, "Kirk Brennan" wrote:
>
>
>
>
>
> In this case, the court did not set the bar date. Instead of filing a motion
> to establish the bar date, can it just be stated in the ch 11 Plan?
> If so, are there any guidelines for setting it? Or can the debtors
> essentially choose any date they want?
>
>
>
> On Tue, Dec 20, 2011 at 12:02 PM, Mark J. Markus wrote:
>>
>>
>>
>>
>>
>> Usually the court will set the bar date at the initial status conference,
>> but you can always file a motion to establish the bar date.
>>
>>
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> This Firm is a Qualified Federal Debt Relief Agency (see what this means at
>> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office of
>> Mark J. Markus that may be privileged. The information is intended for the
>> use of the addressee only. If you are not the addressee, note that any
>> disclosure, copy, distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
>> the IRS, we inform you that any U.S. tax advice contained in this
>> communication (or in any attachment) is not intended or written 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 in this communication.
>>
>> On 12/20/2011 12:00 PM, Kirk Brennan wrote:
>>>
>>>
>>> Thanks for the thorough answer. In this case, I represent the debtor and Im
>>> trying to set a bar date on the ch 11 plan Im drafting.
>>> Not sure if the Code dictates a bar date or if I can just choose one.
>>>
>>> On Dec 20, 2011 11:54 AM, "Giovanni Orantes" wrote:
>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> If you don't file a POC in a Chapter 11 case, but you've been scheduled,
>>>> you agree with the amount and character of your claim as the debtor has
>>>> scheduled it and none of the three little boxes has been checked off (i.e.,
>>>> C/U/D), then the scheduled amount governs and you must receive a
>>>> distribution, if any, on the basis of the scheduled claim. It is usually
>>>> better practice, though, to file the POC asap, anyway. If no bar date
>>>> notice has been sent out by the DIP or the Chapter 11 Trustee (if it's a
>>>> rare case in which one has been appointed), then there is no bar date.
>>>> However, some people don't set bar dates and still confirm a plan. In
>>>> that case, you're bound by the plan, which is what militates in favor of
>>>> filing a POC asap. Note, however, that there are instances in which you
>>>> may not want to file a POC -- such as when you don't want that to be used
>>>> to establish jurisdiction over your client, but you only do that when
>>>> you're secured or already otherwise protected -- in other words, a rare
>>>> circumstance requiring more analysis.
>>>>
>>>>
>>>> --
>>>> Giovanni Orantes, Esq.
>>>> Orantes Law Firm, P.C.
>>>> 3435 Wilshire Blvd. Suite 1980
>>>> Los Angeles, CA 90010
>>>> Tel: (213) 389-4362
>>>> Fax: (877) 789-5776
>>>> e-mail: go@gobklaw.com
>>>> website: www.gobklaw.com
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>
>>>
>>>
>>
>>
>>
>>
>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> 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
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> 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.
>
>
>
>
>
>
charset="ISO-8859-1"
See FRBP 3003(c)(3), LBR 3001. It's usually done by debtor's motion, with at least 45 days between the hearing date and the proposed bar date. John D. FaucherHurlbett & Faucher, LLP5743 Corsa Ave., Suite 208
The post was migrated from Yahoo.
In this case, the court did not set the bar date. Instead of filing a
motion to establish the bar date, can it just be stated in the ch 11 Plan?
If so, are there any guidelines for setting it? Or can the debtors
essentially choose any date they want?
On Tue, Dec 20, 2011 at 12:02 PM, Mark J. Markus wrote:
> **
>
>
> Usually the court will set the bar date at the initial status conference,
> but you can always file a motion to establish the bar date.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written 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 in this communication.
>
> On 12/20/2011 12:00 PM, Kirk Brennan wrote:
>
> Thanks for the thorough answer. In this case, I represent the debtor and
> Im trying to set a bar date on the ch 11 plan Im drafting.
> Not sure if the Code dictates a bar date or if I can just choose one.
> On Dec 20, 2011 11:54 AM, "Giovanni Orantes" wrote:
>
>>
>>
>> If you don't file a POC in a Chapter 11 case, but you've been scheduled,
>> you agree with the amount and character of your claim as the debtor has
>> scheduled it and none of the three little boxes has been checked off (i.e.,
>> C/U/D), then the scheduled amount governs and you must receive a
>> distribution, if any, on the basis of the scheduled claim. It is usually
>> better practice, though, to file the POC asap, anyway. If no bar date
>> notice has been sent out by the DIP or the Chapter 11 Trustee (if it's a
>> rare case in which one has been appointed), then there is no bar date.
>> However, some people don't set bar dates and still confirm a plan. In
>> that case, you're bound by the plan, which is what militates in favor of
>> filing a POC asap. Note, however, that there are instances in which you
>> may not want to file a POC -- such as when you don't want that to be used
>> to establish jurisdiction over your client, but you only do that when
>> you're secured or already otherwise protected -- in other words, a rare
>> circumstance requiring more analysis.
>>
>>
>> --
>> Giovanni Orantes, Esq.
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 1980
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
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.
In this case, the court did not set the bar date. Instead of filing a motion to establish the bar date, can it just be stated in the ch 11 Plan?If so, are there any guidelines for setting it? Or can the debtors essentially choose any date they want?
On Tue, Dec 20, 2011 at 12:02 PM, Mark J. Markus <bklawr@yahoo.com> wrote:
Usually the court will set the bar
date at the initial status conference, but you can always file a
motion to establish the bar date.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what
this means at
http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
The post was migrated from Yahoo.
Usually the court will set the bar date at the initial status
conference, but you can always file a motion to establish the bar date.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Thanks for the thorough answer. In this case, I represent the debtor and Im
trying to set a bar date on the ch 11 plan Im drafting.
Not sure if the Code dictates a bar date or if I can just choose one.
On Dec 20, 2011 11:54 AM, "Giovanni Orantes" wrote:
> **
>
>
> If you don't file a POC in a Chapter 11 case, but you've been scheduled,
> you agree with the amount and character of your claim as the debtor has
> scheduled it and none of the three little boxes has been checked off (i.e.,
> C/U/D), then the scheduled amount governs and you must receive a
> distribution, if any, on the basis of the scheduled claim. It is usually
> better practice, though, to file the POC asap, anyway. If no bar date
> notice has been sent out by the DIP or the Chapter 11 Trustee (if it's a
> rare case in which one has been appointed), then there is no bar date.
> However, some people don't set bar dates and still confirm a plan. In
> that case, you're bound by the plan, which is what militates in favor of
> filing a POC asap. Note, however, that there are instances in which you
> may not want to file a POC -- such as when you don't want that to be used
> to establish jurisdiction over your client, but you only do that when
> you're secured or already otherwise protected -- in other words, a rare
> circumstance requiring more analysis.
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
>
Thanks for the thorough answer. In this case, I represent the debtor and Im trying to set a bar date on the ch 11 plan Im drafting.
Not sure if the Code dictates a bar date or if I can just choose one.
On Dec 20, 2011 11:54 AM, "Giovanni Orantes" <go@gobklaw.com> wrote:
The post was migrated from Yahoo.
If you don't file a POC in a Chapter 11 case, but you've been scheduled,
you agree with the amount and character of your claim as the debtor has
scheduled it and none of the three little boxes has been checked off (i.e.,
C/U/D), then the scheduled amount governs and you must receive a
distribution, if any, on the basis of the scheduled claim. It is usually
better practice, though, to file the POC asap, anyway. If no bar date
notice has been sent out by the DIP or the Chapter 11 Trustee (if it's a
rare case in which one has been appointed), then there is no bar date.
However, some people don't set bar dates and still confirm a plan. In
that case, you're bound by the plan, which is what militates in favor of
filing a POC asap. Note, however, that there are instances in which you
may not want to file a POC -- such as when you don't want that to be used
to establish jurisdiction over your client, but you only do that when
you're secured or already otherwise protected -- in other words, a rare
circumstance requiring more analysis.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
The post was migrated from Yahoo.
How does one determine the deadline to file a proof of claim in a chapter
11 case?
The initial notice says "notice of deadline will be sent at a later time"
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
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.
How does one determine the deadline to file a proof of claim in a chapter 11 case?The initial notice says "notice of deadline will be sent at a later time"
Thanks,-- Kirk Brennan, esq.California Law Office, P.C.calibankrutpcysite.comCONFIDENTIALITY 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.