Question - my lawyer's paralegal is giving me different info about late claims

[sophieanne]

Hi everyone,

Can someone please clarify for me. I called my lawyer's office to clarify a couple items. One of them was verification that if the Bar Claims Date for unsecured claims pass then the creditor is no longer able to submit a claim unless there was a good reason why they didn't (eg. they didn't receive notifcation) - in this case they did. This is a large bank.

What I was told is that the claims bar date is really for the info of the trustee. No matter what the excuse is, the bank can file the unsecured claim late and case law says that the claim will be accepted (even 1 year late). Is that true? I told him based on what I read and understood that wasn't true and that I would ask them to file an objection IF (it hasn't been so far) there was a claim filed. He said he could be wrong, case law may be different but he was sure he was right. Now I'm confused.

Can someone tell me what is correct based on case law. Any info that can be provided woud be appreciated.

Thanks!

[sophieanne]

Sorry to post again...just curious if anyone had any thoughts on this info I was getting fhe paralegal. Everyone is usually so fast to respond

Thanks very much!

[karm43]

Look at your paper work, they can but you can object as long as you know about it. Thats what mine reads. It also pretty much states if you object they could still allow it. That stinks, keep your fingers crossed. I thought that was the rule too until I was reading my paper work. My attorney does keep me very informed of everything.

[sophieanne]

Look at your paper work, they can but you can object as long as you know about it. Thats what mine reads. It also pretty much states if you object they could still allow it. That stinks, keep your fingers crossed. I thought that was the rule too until I was reading my paper work. My attorney does keep me very informed of everything.

Hi Karm..thanks for your rsponse. Which paperwork are you referring to???

[despritfreya]

In my state, Chapter 13 Trustees routinely object to claims filed late. Not a big deal.

The only time I care about a late filed claim is if the Plan calls for payment of 100% of all "allowed" claims. Claims, even ones filed late, are deemed "allowed" until someone objects and the objection is sustained.

Des.

[sophieanne]

[QUOTE=despritfreya;588660]In my state, Chapter 13 Trustees routinely object to claims filed late. Not a big deal.

The only time I care about a late filed claim is if the Plan calls for payment of 100% of all "allowed" claims. Claims, even ones filed late, are deemed "allowed" until someone objects and the objection is sustained.

Thank you Des. That's my concern..I'm in a 100% plan. My lawyer told us that if someone doesn't claim (unsecured) we don't pay; however the paralegal said something different today. I looked at my paperwork and it says unsecured claims may not be paid if not filed on time.
I would definately have my attorney file an objection if a late claim came in.
Again, thank you..I appreciate your response.