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In re Girgenti (Case No. 10-62312) 04/11/2011

The debtors objected to a claim in the amount of $76,000.  According to the proof of claim, the $76,000 claim is a priority claim for child support.  The debtors scheduled the claim at $0 and the debtors' amended plan also estimates the claim at $0.  The claim objection states that the child support issue is on appeal, and therefore, the amount is contingent, unliquidated, and disputed.  The Court held that the fact that a claim is contingent or unliquidated is not a basis for disallowing the claim.  Pursuant to 11 U.S.C. § 502(c)(1), the debtors are required to estimate the claim, as failure to do so would unduly delay the administration of the case.  Therefore, the Court overruled the debtors' claim objection.

Date: 
Monday, April 11, 2011
Category: 
Claim Objections
Domestic Support Obligations
Chapter: 
13