See 11 U.S.C. § 726 concerning distribution of the property of the estate.
Warning: Some courts have held that a bankruptcy court does not have authority under the Bankruptcy Code to allow a late-filed proof of claim. See section 35.22 in this chapter for a discussion of late-filed proofs of claim.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2.
[Caption. See form 35-3 in this chapter.]
Creditor’s Motion to Allow Late Filing of Proof of Claim
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Insert negative notice as required under local rules. See form 35-18. |
1.Parties. [Name of creditor], Creditor, files this Motion to Allow Late Filing of Creditor’s Proof of Claim.
2.Facts. [Name of debtor], Debtor, filed this case on [date]. Creditor did not receive notice of the bankruptcy until after the deadline to file proofs of claim.
3.Grounds.
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Include the grounds for allowing a late filing of the proof of claim. The following are examples only. |
a.Debtor’s Chapter 13 plan includes Creditor as a secured creditor. The amount of the claim is listed as $[amount] and is a fully secured claim. Creditor shows the actual net balance to be $[amount].
b.The claim is founded on a retail installment contract dated [date of contract] covering [description of collateral].
c.Debtor’s Chapter 13 plan provides for monthly payments of $[amount] to Creditor with [percent] percent interest on the claim.
d.Unless and until Debtor pays Creditor its secured claim, Creditor will retain its lien on the collateral and will not release title to the collateral to Debtor. Therefore, allowing Creditor’s proof of claim will facilitate an effective reorganization for Debtor.
e.Since Debtor has provided for Creditor in the plan, Creditor’s late filing of a proof of claim will not adversely affect any other creditors.
f.A copy of the proof of claim filed is attached as Exhibit [exhibit number/letter].
4.Prayer. Creditor prays that this Court allow the late filing of Creditor’s proof of claim in this case and that Creditor be granted all further relief to which Creditor is entitled.
Creditor prays that [Creditor/Debtor] and this Court take notice of this bankruptcy filing and of the automatic stay of 11 U.S.C. § 362.
[Name]
Attorney for [name of client]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]