[CLBS] bankruptcy listserve

[Jeremy Gugino]

Loren:

The Trustee is not objecting to your claim.  Your claim is being allowed as
a tardily filed claim.  See 11 U.S.C. 726.  Assuming your client received
ACTUAL notice of the claims bar and he/she/they simply failed to act in a
timely matter, you're out of luck.  Unless you can somehow claim that your
client is entitled to an informal proof of claim (totally different set of
case law) which was filed timely, then your chances of prevailing - based
strictly on the facts you've set forth below - are slim. 

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Loren K.
Messerly
Sent: Friday, April 25, 2014 11:45 AM
To: 'clbs at admws.idaho.gov'
Cc: Pam Dent
Subject: [CLBS] bankruptcy listserve

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 t  ardiness


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 CONFIDENTIALITY
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