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Ch 13 non-creditor files proof of claim
Dear Hale,
I am a bit confused by your fact pattern. I'm sure I'm missing something basic here. My confusion arises because 101(5)'s definition of "claim" describes a right to receive payment, and 101(10)'s definition of "creditor" describes an entity entitled to receive payment. And Fed. R. Bankr. Proc. 3001(b) states: "A proof of claim shall be executed by the creditor or the creditor's authorized agent." What are the grounds for a noncreditor to file a proof of claim? And who executed the proof of claim?
re nondischargeable in a Chapter 13 bankruptcy. Therefore, if the debtor owes a claimant and fails to schedule the claim in time for the creditor to file a proof of claim, the claims period isn't extended. Instead, the debt isn't discharged upon plan completion.
Finally, I don't see the inapplicability of Fed. R. Bankr. Proc. 3002(c) to the proof of claim just because the claimant isn't a creditor. The beginning of that subsection is written in the passive voice; to wit: ". . . a proof of claim is filed . . ." Thus pace my Rule 3001(b) comment it doesn't say that a creditor filed the proof of claim.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist - State Bar of California Board of Legal Specialization
Commissioner, California State Bar's Bankruptcy Law Advisory Committee
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In a Chapter 13, what's the deadline for when a proof of claim must be filed
after receiving actual notice of the bankruptcy? Since opposing party isn't
a creditor (and thus, wasn't scheduled), FRBP 3002c doesn't apply. 11 USC
726a2c talks about late-filed claims that lacked notice, but that's for
Chapter 7s. I'd think it'd be 90 days, since that's the time used from a
341a in the statute.
Thanks!
In a Chapter 13,
what's the deadline for when a proof of claim must be filed after
receiving actual notice of the bankruptcy? Since opposing party isn't acreditor (and thus, wasn't scheduled), FRBP 3002c doesn't apply. 11 USC
726a2c talks about late-filed claims that lacked notice, but that's for Chapter
7s. I'd think it'd be 90 days, since that's the time used from a 341a in the
statute.
The post was migrated from Yahoo.