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In re Barry Meade Homes, LLC (Case No. 10-61301) 2/27/2012

Creditor filed an amended proof of claim for a deficiency after the bar date, and objected to Trustee's Final Report because it did not provide for its unsecured deficiency claim.  Court held that although the creditor did not timely file its deficiency claim, untimely amended claims may be allowed if the trustee has sufficient notice of the claim and the trustee has not yet made a distribution to creditors.  Court found that under the circumstances of this case, the creditor's delay in filing the deficiency claim was justified; accordingly, the Court allowed the creditor's deficiency claim. 

Date: 
Monday, February 27, 2012
Category: 
Proofs of Claim
Chapter: 
7