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In re Davis

In re Davis

Ruling
Debtor's objection to late proofs of claim filed by trustee on behalf of unspecified creditors sustained.
Procedural posture

Debtor objected to proofs of claim filed by the chapter 7 trustee on behalf of creditors pursuant to Fed. R. Bankr. P. 3004, which claims were not filed within the 30-day limitation imposed under the rules. At issue was whether the claims were properly allowed as "late-filed" claims pursuant to 11 U.S.C.S. § 726 which presumably were to be paid before any surplus was returned to debtor.

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Consumer opinion summary, case decided on June 11, 2010 , LexisNexis #0910-067