Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor. (Jones) In re Norton, 2017 WL 354320 (Bankr. N.D. Tex. January 24, 2017)

Case Summary

Patsy Norton filed a Chapter 13 bankruptcy petition in March of 2015 and scheduled an obligation of approximately $7,300 secured by a 2009 Buick . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...

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