Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
1) How could the bank know how much to claim as a unsecured claim when the value of the properties was not known? They made their full claim as secured.
A: A claim may be valid, even though uncertain/unliquidated. 2) The 4/9 date was over a month past my plan approval date. Is it the last time anyone can make a claim? Or is it to amend the claims all ready approved? And what is it called in bankruptcy lingo?
A: There are a number of exceptions to the 90-day proof-of-claim cutoff/bar date. See Fed. R. Bankr. P 3002(c)
3) Can/will the judge allow the bank to modify their claim during the closing period?
A: If it falls within the exception, then yes, otherwise, not. There is no judicial discretion to allow a late claim that does not satisfy an exception.
4) My lawyer was not clear but said this is highly unlikely. How would it even be possible for the judge to allow the claim to change after the 4/9 date has passed?
A: The fact that your attorney states it's "highly unlikely" means either (a) that this is a claim subject to judicial discretion, which puts the "ball in the air," or (b) that your attorney doesn't know if the claim fits within an exception (which is quite possible).
Hope this helps.
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