[CLBS] bankruptcy listserve

[Loren K. Messerly]

I have a client that was about a month late on filing an unsecured claim.  The case started as no asset and no one filed the proof of claim and then when the notice came out regarding assets, the proof of claim did not get filed on time.  The trustee just sent out a final report and said that all unsecured creditors would get about 10% payout except that my client, with the allowed late proof of claim, would only get paid after all other creditors, i.e. nothing.  This seems like a really sneaky way to object to our proof of claim without actually objecting and giving good notice.  I want to oppose the final distribution.  Any thoughts on my chances for success.  Basically want to argue it was an error and there is no prejudice except that other unsecureds get paid less, which is not real prejudice since our claim is valid.  Any thoughts?  Really appreciate the help, I know this has undoubtedly happened to most everyone and wondering what people have experienced in trying to fix the tardiness


Loren K. Messerly | attorney
greener | burke | shoemaker | oberrecht p.a.
950 w. bannock street, suite 950|boise|idaho 83702-6138
o: 208.319.2600|f: 208.319.2601|e: lmesserly at greenerlaw.com
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