Late-Filed Secured Claims After the 12/01/2017 Rule Changes

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

A secured proof of claim filed after the bar date is disallowed under 11 U.S.C. § 502(b)(9) when objected to, according to the Bankruptcy Court for the Eastern District of Kentucky, even if the claim is provided for in a confirmed chapter 13 plan.1

In Hatter-Brewster, there was no dispute that the claim of McClusky Chevrolet was a “910-claim,”2 and the confirmed plan provided that the claim would be paid in full . . .

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