Proof of Claim and Adversary Proceedings, chicken before
Posted: Wed Dec 18, 2013 3:12 pm
I would consider if the AP was filed before the claims bar date. If so,
debtor was at least on notice of the claim. Also, the law "abhors a
forfeiture" so I suggest considering the merits of the AP before diving too
hard into attacking the late filed claim.
You might list the late filed claim as one of the defendants affirmative
defenses and then proceed to object to the claim. If the claim is
disallowed, then that would seem to resolve the AP.
*Link Schrader, Attorney*
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