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Stephen Lee Clouse, Ch. 7, BK17-81515-TLS (Oct. 29, 2020)

The court granted a creditor’s motion to file a proof of claim more than two years late in a Chapter 7 case. Section 509(b) permits the allowance of a late-filed claim if it falls within the scope of § 726(a)(1), (2), or (3). Here, the claim is not a priority claim under § 507 and the movant had timely notice of the case, so the only applicable subsection is § 726(a)(3) as the trustee has not yet made a final distribution of assets.

Date: 
Thursday, October 29, 2020
Judge: 
Judge Thomas L. Saladino