Critical Case Comment

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

A claim that is not timely filed cannot be an allowed claim and a trustee is precluded from making any distribution to the claim even where no application to disallow the claim has been filed. (Dees) Matthew and Amber Benner, Case No. 15-31477 HCD (Bankr. N.D. Ind., July 18, 2018)

Case Summary

The Benners fell behind on their mortgage and filed a Chapter 13, proposing to cure and maintain the mortgage serviced by Seterus. In the South Bend Division of the Northern District of Indiana, the . . .

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