Is Anyone Still Out There? Effect of Claim Objection?
Posted: Wed May 28, 2008 7:43 am
Checked with Aki:
No disbursements on disputed claim, yes disbursements on all other claims
with reserve for disputed claim.
He cited to the Chapter 13 local rule
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
L
Sent: Friday, May 23, 2008 4:39 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Is Anyone Still Out There? Effect of Claim Objection?
I'm not certain of the answers, but by reading 11 USC 502(j) regarding
reconsiderations of claims and the language about payment, non-payment and
Trustee recovery I would guess that the Trustee disburses on the claims
(including the claim objected to) until the objection is sustained and then
the Trustee has a right to recover the disbursed amount.
Best regards,
Peter
"David A. Tilem" wrote:
What is the impact of a claim objection?
Are other claims paid while the objection is being resolved or are all claim
payments held up?
Does the Trustee reserve a pro-rata share for the disputed claim or disburse
whatever is available to undisputed claims?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Message
Checked with
Aki:
No disbursements on
disputed claim, yes disbursements on all other claims with reserve for disputed
claim.
He cited to the Chapter 13
local rule
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.