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 . . .

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