Legal Opinion
In Re Beman
United States Bankruptcy Court, S.D. New York
Decided February 8, 1982No. 19-22361PublishedCited by 5 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
This controversy raises the issue as to whether or not a creditor holding a secured claim in a Chapter 13 case must lose its secured status for distribution purposes for having failed to file a proof of claim before the conclusion of the Code § 341(a) creditors’ meeting. The language in Bankruptcy Rule 13-302(e)(l) suggests that the tardy claim be treated as unsecured for distribution purposes, unless the application of such rule is inconsistent with the present Bankruptcy Code. The plaintiff, Citizens First National Bank of New Jersey, a mortgagee with a…
2Cases cited9 opinions
- In Re BusmanUnited States Bankruptcy Court, E.D. New York · 1980
- In Re HinesUnited States Bankruptcy Court, D. South Dakota · 1980
- Matter of Community Hospital of Rockland Cty.United States Bankruptcy Court, S.D. New York · 1979
- In Re WebbUnited States Bankruptcy Court, N.D. California · 1980
- In Re PowellUnited States Bankruptcy Court, N.D. Georgia · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chrysler Credit Corp. v. Landers (In Re Landers)United States Bankruptcy Court, N.D. Alabama · 1983
- In re IsaacsDistrict Court, D. Maryland · 1982
- In re MontgomeryUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re: Samuel Michael SaberDistrict Court, C.D. California · 2021
- In re: Angel LepeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012