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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
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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/)
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>>
>> 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
>
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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
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