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Timely 523(a)(2) complaint but missed POC deadline
That's why I say hold your breath. Shai
In a message dated 10/11/2016 2:20:59 P.M. Pacific Daylight Time,
go@gobklaw.com writes:
Yes, it was properly scheduled, but it's a 13 with years left in the
confirmed plan before a discharge.
On Tuesday, October 11, 2016, wrote:
Was the creditor listed?
Look at Rule 4007. but also look at 523(c). Usually, the claims bar
date is later than the complaint deadline so you may be successful. - Justhold your breath for the discharge.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com _www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law
Specialist by The State Bar of California Board of Legal Specialization.
In a message dated 10/11/2016 1:41:15 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
There is a case saying that if a claim is filed and it is disallowed, no
further enforcement proceedings may be taken -- In re Spruill, 83 B.R. 359(Bankr. E.D.N.C. 1988) and an MSJ filed by the debtor on a 523(a)(1)
complaint by the creditor was dismissed. FRBP 3002 says that a claim "must" be
filed to be "allowed" and sets forth the applicable deadlines. Logically, that
would mean that a claim is not allowed if it is not filed on time (is thatthe same as "disallowed"?). Would that mean that a timely-filed 523(a)(2)complaint should be dismissed if the deadline to file claims has long
passed? I ask because the discharge terms of 1328 says that a "debt" of a type
listed in 523(a) would not be discharged, which would suggest that a
523(a)(1) claim, like in Spruill, should have been excepted from the discharge but
wasn't. Does that mean that holders of nondischargeable claims need not
file proofs of claims on time and can simply file a 523 complaint on time?Does anybody have authority for the broader proposition, e.g., if you missthe claims deadline, you cannot pursue a 523 complaint?
Sent from my iPad
null
That's why I say hold your breath. Shai
In a message dated 10/11/2016 2:20:59 P.M. Pacific Daylight Time,
go@gobklaw.com writes:
Yes, it
was properly scheduled, but it's a 13 with years left in the
confirmed plan before a discharge.On Tuesday, October 11, 2016,
<SSOESQ@aol.com> wrote:
Was the creditor listed?
523 has its own deadlines....
Look at Rule 4007. but also look at 523(c). Usually, the
claims bar date is later than the complaint deadline so you may be
successful. - Just hold your breath for the discharge.
Very truly yours,Shai OvedThe
Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220Canoga
Park, California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com www.shaioved.com________________The information
contained in this email is intended only for the individual or entity named
above and may contain attorney privileged and confidential
information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or
copy of this communication is strictly prohibited. If you received
this communication in error, please immediately notify us by the telephone
number above and return any hard copies to us via the postal service.. The
Law Offices of Shai Oved is a debt relief agency which helps people file for
bankruptcy under the Bankruptcy Code. Shai Oved is a Certified
Bankruptcy Law Specialist by The State Bar of California Board of Legal
Specialization.
In a message dated 10/11/2016 1:41:15 P.M. Pacific Daylight Time,
The post was migrated from Yahoo.
Yes, it was properly scheduled, but it's a 13 with years left in the
confirmed plan before a discharge.
On Tuesday, October 11, 2016, wrote:
> Was the creditor listed?
>
> 523 has its own deadlines....
>
> Look at Rule 4007. but also look at 523(c). Usually, the claims bar
> date is later than the complaint deadline so you may be successful. - Just
> hold your breath for the discharge.
>
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com www.shaioved.com
> ________________
> The information contained in this email is intended only for the
> individual or entity named above and may contain attorney privileged and
> confidential information. If the reader of this message is not the
> intended recipient, you are hereby notified that any dissemination,
> distribution, or copy of this communication is strictly prohibited. If you
> received this communication in error, please immediately notify us by the
> telephone number above and return any hard copies to us via the postal
> service.. The Law Offices of Shai Oved is a debt relief agency which helps
> people file for bankruptcy under the Bankruptcy Code. Shai Oved is a
> Certified Bankruptcy Law Specialist by The State Bar of California Board of
> Legal Specialization.
>
> In a message dated 10/11/2016 1:41:15 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com
> writes:
>
>
>
> There is a case saying that if a claim is filed and it is disallowed, no
> further enforcement proceedings may be taken -- In re Spruill, 83 B.R. 359
> (Bankr. E.D.N.C. 1988) and an MSJ filed by the debtor on a 523(a)(1)
> complaint by the creditor was dismissed. FRBP 3002 says that a claim "must"
> be filed to be "allowed" and sets forth the applicable deadlines.
> Logically, that would mean that a claim is not allowed if it is not filed
> on time (is that the same as "disallowed"?). Would that mean that a
> timely-filed 523(a)(2) complaint should be dismissed if the deadline to
> file claims has long passed? I ask because the discharge terms of 1328 says
> that a "debt" of a type listed in 523(a) would not be discharged, which
> would suggest that a 523(a)(1) claim, like in Spruill, should have been
> excepted from the discharge but wasn't. Does that mean that holders of
> nondischargeable claims need not file proofs of claims on time and can
> simply file a 523 complaint on time? Does anybody have authority for the
> broader proposition, e.g., if you miss the claims deadline, you cannot
> pursue a 523 complaint?
>
> Sent from my iPad
>
>
>
>
null
Yes, it was properly scheduled, but it's a 13 with years leftin the confirmed planbefore a discharge.On Tuesday, October 11, 2016, <SSOESQ@aol.com> wrote:
The post was migrated from Yahoo.
There is a case saying that if a claim is filed and it is disallowed, no further enforcement proceedings may be taken -- In re Spruill, 83 B.R. 359 (Bankr. E.D.N.C. 1988) and an MSJ filed by the debtor on a 523(a)(1) complaint by the creditor was dismissed. FRBP 3002 says that a claim "must" be filed to be "allowed" and sets forth the applicable deadlines. Logically, that would mean that a claim is not allowed if it is not filed on time (is that the same as "disallowed"?). Would that mean that a timely-filed 523(a)(2) complaint should be dismissed if the deadline to file claims has long passed? I ask because the discharge terms of 1328 says that a "debt" of a type listed in 523(a) would not be discharged, which would suggest that a 523(a)(1) claim, like in Spruill, should have been excepted from the discharge but wasn't. Does that mean that holders of nondischargeable claims need not file proofs of claims on time and can simply file a 523 complaint on time? Does anybody have authority for the broader proposition, e.g., if you miss the claims deadline, you cannot pursue a 523 complaint?
Sent from my iPad
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