Creditor Alert: Ninth Circuit Holds That Creditor Has an Affirmative Duty to File a Timely Proof of Claim to Participate in Chapter 13 Plan Distributions

Creditor Alert: Ninth Circuit Holds That Creditor Has an Affirmative Duty to File a Timely Proof of Claim to Participate in Chapter 13 Plan Distributions | Michael L. Moskowitz

By Michael L. Moskowitz and Melissa A. Guseynov On October 27, 2016, the Court of Appeals for the Ninth Circuit held that a credit union’s proofs of claim were properly rejected by the Bankruptcy Court as untimely, and that the debtor’s acknowledgment of debt owed to the credit union in her bankruptcy schedules was not an informal proof of claim. In re Barker, 2016 WL 6276078 (9th Cir. Oct. 27, 2016). Read the full opinion here.

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