Unscheduled Creditor May Not File a Late Proof of Claim

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

An unscheduled creditor without notice of the bankruptcy case was denied an extension of time to file a proof of claim pursuant to Bankruptcy Rule 3002(c)(6)(A) in a recent opinion from the Eastern District of Kentucky.

In the case of In re Fryman,1 the debtor did not include creditor Kentucky Tax Lien Fund (“KTLF”) on her schedules or her list of creditors, nor did her confirmed plan provide for the claim. By happenstance, KTLF found out about the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

crist
June 1, 2025
New Judge Appointed
Consumer Bankruptcy Education
August 17, 2025
The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.
October 17, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case. In re Hopper, 2021 WL 3435445 (Bankr. E.D. N.Y. Aug....
Members
Consumer Bankruptcy Education
August 25, 2024
Acting United States Trustee Gerard R. Vetter has selected Dawn Hardesty to replace retiring chapter 13 standing trustee Pamela Simmons-Beasley, effective October 1, 2024.
August 1, 2021
By Cathy Moran, Esq., (Redwood City, CA) Eighteen years elapsed between the close of the 2003 tax year and the Tax Court’s 2021 decision Barnes v. Comm'r, T.C. Memo. 2021-49 (U.S.T.C. May 4, 2021) regarding the debtors’ 2003 tax liability. While the most recent decision in the debtors’ battle with the IRS challenged the discretion of a tax officer in...
Members
supremecourtnew
June 9, 2024
Reversing the Fourth Circuit, SCOTUS rules insurer is Party in Interest. Although an 11 there are possible implications in the context of Chapter 13.
June 2, 2019
By Tammy E. Stickley and Francis J. DiCesare, Staff Attorneys for Margaret A. Burks, Esq. Chapter 13 Standing Trustee (Cincinnati, OH) In a media age in which people expect to be told when “spoilers” are ahead, this summary needs no such warning. Courts have little patience for debtors who surrender collateral – especially real estate – then oppose the foreclosure...
Members
January 19, 2020
By Craig Shopneck, Chapter 13 Standing Trustee for the Northern District of Ohio Retired It was many months ago when Mike Joseph asked, if, as a retired trustee, would I be interested in writing an article for the NACTT Academy. This may seem like a rather straightforward task but before putting pen to paper I needed time to reflect not...
Members
Copy of Hildebrand-2016
September 15, 2024
Failure of a Chapter 13 debtor to disclose the existence of a cause of action which accrued prior to or shortly after the filing of the petition merits dismissal of the case with a one-year bar against a subsequent bankruptcy filing.
Members
Miller_Deb_pp
November 12, 2023
Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: