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Forgotten Judgement Creditor in a Ch 11 - can they pursue
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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.
shawnswhite
Sent: Friday, July 09, 2010 1:56 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Forgotten Judgement Creditor in a Ch 11 - can they pursue
their judgement after
the company emerges from the Ch 11?
I don't handle CH 11 and I rarely advise creditors but here is the
situation.
Creditor has a judgement against Debtor corp. Creditor was never notified of
the BK nor listed on the schedules. They have not filed a claim. They
learned of the BK 1/2 thru the plan period. It is well past the deadline to
file a claim.
Do they have a duty to notify the Debtor, Court etc. and try to make a claim
in the Bankruptcy Court? Or can they wait until the plan is over and enforce
their judgement against the Debtor Corp?
Thank you.
Shawn
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David A.
Tilem
Certified Bankruptcy
Specialist*
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