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chap 11 settlement/plan
First of all, the only parties who are required to file claims are those whose claims are scheduled but disputed, not scheduled, or scheduled but in an amount they disagree with. If the claim was listed in Schedules D-F they don't have to file a claim if they agree with the amount set forth in the schedules.
That having been said, to answer your hypothetical, I don't think you can get around doing a plan, but you might be able to have the D/S and Plan combined into one hearing if the Judge allows it.
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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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
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To: cdcbaa@yahoogroups.com
Sent: Monday, March 28, 2005 1:56 PM
Subject: [cdcbaa] chap 11 settlement/plan
Case converted from Chap 7 to 11 on motion of UST. Claims bar date
is April 1, 2005 ,and to date, there is one proof of claim filed (no
tax issues either).
If there is only one claim, is it possible to settle with that
creditor, inform the UST and court and have the matter discharged
without the need for a disclosure statement, plan, ballots, etc. . .
(assuming that all UST fees and the like are paid)?
Thanks for all your hard work and insightful information.
Nick Lambajian
NICHOLAS H. LAMBAJIAN
ATTORNEY AT LAW
Mediator, Arbitrator
215 North Marengo Avenue
The Walnut Plaza, Third Floor
Pasadena, California 91101
Tel.: (626) 796-0646
Fax.: (626) 796-0627
E-mail: NickLambajian@aol.com
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First of all, the only parties who are required to
file claims are those whose claims are scheduled but disputed, not scheduled, or
scheduled but in an amount they disagree with. If the claim waslisted in Schedules D-F they don't have to file a claim if they agree with the
amount set forth in the schedules.
That having been said, to answer your
hypothetical, I don't think you can get around doing a plan, but you might
be able to have the D/S and Plan combined into one hearing if the Judge allows
it.
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
Case converted from Chap 7 to 11 on motion of UST. Claims bar date
is April 1, 2005 ,and to date, there is one proof of claim filed (no
tax issues either).
If there is only one claim, is it possible to settle with that
creditor, inform the UST and court and have the matter discharged
without the need for a disclosure statement, plan, ballots, etc. . .
(assuming that all UST fees and the like are paid)?
Thanks for all your hard work and insightful information.
Nick Lambajian
NICHOLAS H. LAMBAJIAN
ATTORNEY AT LAW
Mediator, Arbitrator
215 North Marengo Avenue
The Walnut Plaza, Third Floor
Pasadena, California 91101
Tel.: (626) 796-0646
Fax.: (626) 796-0627
E-mail: NickLambajian@aol.com
The post was migrated from Yahoo.