Objection to Late-Filed POC
Posted: Wed Sep 09, 2015 11:16 pm
Please read Section 726,
Answering questions with questions is demeaning, not derailing.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 9, 2015, at 10:11 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> Sorry to derail this topic but what percentage interest is paid to the unsecured creditors and when does the interest begin to accrue?
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Simon Resnik Hayes, LLP
> 15233 Ventura Blvd., Suite 250
> Sherman Oaks, CA 91403
> Tel: 818.783.6251 | Cel: 818.817.1725
>
> 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 Wed, Sep 9, 2015 at 5:08 PM, mitnicklaw@aol.com [cdcbaa] wrote:
>>
>> Section 726(a) - late filed claims are typically paid before $$$ are returned to the debtor(s). Take a look at case law as to 726(a)(2)(C)(i) regarding payment of "tardily filed" claims. If the creditors had knowledge/notice of the case to file timely, the objection could be sustained. (Also note that allowed claims can receive interest before $$$ are paid to debtor(s)).
>>
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> Telephone: (310) 792-5864
>> Facsimile: (310) 347-4353
>> Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
>>
>> Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
>>
>> The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
>>
>> ***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
>>
>>
>> -----Original Message-----
s.com>
>> To: cdcbaa
>> Sent: Wed, Sep 9, 2015 4:53 pm
>> Subject: RE: [cdcbaa] Objection to Late-Filed POC
>>
>>
>> He can on the basis that its a solvent case and ask the judge to deny the objection based upon the fact theres more than enough money to go around. Or the creditor can do it.
>>
>> Ive never had to research it, but thats what a Trustee or two told me they can do.
>>
>>
>> Law Offices of Steven B. Lever
>>
>> Steven B. Lever
>> ( Tel. (562) 436-5456 ext. 1
>> ( Fax (562) 485-6886
>> * sblever@leverlaw.com
>> www.leverlaw.com
>>
>> Sent: Wednesday, September 09, 2015 4:43 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Objection to Late-Filed POC
>>
>>
>> Hi Everyone,
>>
>> I have debtors in an asset Chapter 7 case. Debtor/Joint Debtor have a P/I settlement of approx. $350k. Chapter 7 TE is holding these funds. When case was filed debtors scheduled approx. $110k in debts on Schedule F. The claims bar date passed on 4/15/2015. Only $31,500 POCs filed timely. Ch. 7 Trustee wants to pay late-filed POCs. I will object to these late-filed pocs. Can the Ch. 7 TE oppose me and prevail?
>>
>> Thanks for any input!
>
>
type="text/html";
boundaryple-Mail-0280BB9B-977D-45A3-A093-17D187107F2B
The post was migrated from Yahoo.