Bankr. No.:
01-41291
Chapter:
7
Date of Decision:
March 21, 2003
Issue:
Whether creditor who did not receive timely notice of the need to file a proof of claim may file a tardy claim and have it included in the trustee’s distribution?
Ruling:
Pursuant to 11 U.S.C. § 726(a)(2)(C), the creditor was allowed to file a tardy claim because it did not have timely notice of the proof of claim deadline and because the trustee had not yet made her distribution.
Full Bankruptcy Court Decision: