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Forgotten Judgement Creditor in a Ch 11 - can they pursue their judgement after
No - judgment predates the Bankruptcy filing.
>
> Was judgment a violation of stay? Was debt prepetition? 523a3
>
> Best file a 523 suit now, while plan is pending.
>
> Sent from my iPhone
>
> On Jul 9, 2010, at 1:55 PM, "shawnswhite" wrote:
>
> the company emerges from the Ch 11?
>
> I don't handle CH 11 and I rarely advise creditors but here is the situation.
>
> Creditor has a judgement against Debtor corp. Creditor was never notified of the BK nor listed on the schedules. They have not filed a claim. They learned of the BK 1/2 thru the plan period. It is well past the deadline to file a claim.
>
> Do they have a duty to notify the Debtor, Court etc. and try to make a claim in the Bankruptcy Court? Or can they wait until the plan is over and enforce their judgement against the Debtor Corp?
>
> Thank you.
>
> Shawn
>
The post was migrated from Yahoo.
Was judgment a violation of stay? Was debt prepetition? 523a3
Best file a 523 suit now, while plan is pending.
Sent from my iPhone
On Jul 9, 2010, at 1:55 PM, "shawnswhite" wrote:
the company emerges from the Ch 11?
I don't handle CH 11 and I rarely advise creditors but here is the situation.
Creditor has a judgement against Debtor corp. Creditor was never notified of the BK nor listed on the schedules. They have not filed a claim. They learned of the BK 1/2 thru the plan period. It is well past the deadline to file a claim.
Do they have a duty to notify the Debtor, Court etc. and try to make a claim in the Bankruptcy Court? Or can they wait until the plan is over and enforce their judgement against the Debtor Corp?
Thank you.
Shawn
Was judgment a violation of stay? Was debt prepetition? 523a3Best file a 523 suit now, while plan is pending.Sent from my iPhoneOn Jul 9, 2010, at 1:55 PM, "shawnswhite" <shawn@cabankrupt.com> wrote:
the company emerges from the Ch 11?
I don't handle CH 11 and I rarely advise creditors but here is the situation.
Creditor has a judgement against Debtor corp. Creditor was never notified of the BK nor listed on the schedules. They have not filed a claim. They learned of the BK 1/2 thru the plan period. It is well past the deadline to file a claim.
Do they have a duty to notify the Debtor, Court etc. and try to make a claim in the Bankruptcy Court? Or can they wait until the plan is over and enforce their judgement against the Debtor Corp?
Thank you.
Shawn
The post was migrated from Yahoo.
the company emerges from the Ch 11?
I don't handle CH 11 and I rarely advise creditors but here is the situation.
Creditor has a judgement against Debtor corp. Creditor was never notified of the BK nor listed on the schedules. They have not filed a claim. They learned of the BK 1/2 thru the plan period. It is well past the deadline to file a claim.
Do they have a duty to notify the Debtor, Court etc. and try to make a claim in the Bankruptcy Court? Or can they wait until the plan is over and enforce their judgement against the Debtor Corp?
Thank you.
Shawn
The post was migrated from Yahoo.