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From the Editor – Claims
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By The Honorable William Houston Brown (Retired)
Untimely claim basis for disallowance but not lien avoidance, and stay relief motion was not informal proof of claim. The bankruptcy court had constitutional authority to decide disallowance of a late-filed claim, as a matter stemming from the bankruptcy itself. Although the creditor’s mortgage lien would not be affected, the untimely proof of claim was disallowed. Moreover, the filing of a motion for stay relief did not serve as an informal proof of claim, with informal proof of claim being a narrow doctrine, applying “only when a . . .
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From the Editor