- 11 U.S.C.
In re Schauer
Nov
21
2012
Ruling
Creditor with actual notice and knowledge of bankruptcy filing could not file a late proof of claim.
Procedural posture
A claimant filed a proof of claim on behalf of the custodian of his Individual Retirement Account (creditor). He moved the court for allowance of his claim under 11 U.S.C.S. § 726(a)(2)(C), arguing that he did not have notice or actual knowledge in time to file a timely claim. The Trustee and a bank objected.
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Court
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