Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

Home > Printer-friendly > In re Richard C Wells, Jr (Case No. 24-10609)

Order Sustaining Objection to Claim. Debtor requested that Claimants’ claim be disallowed due to it being filed after the bar date. Claimants admitted that the proof of claim was filed after the bar date, but requested that the Court allow the claim as an amendment to a timely filed informal proof of claim. Specifically, Claimants asserted that the following actions gave rise to an informal proof of claim: (1) Claimants’ prepetition filing of the underlying personal injury complaint against Debtor in state court, the judgment entered against Debtor in that action, and Claimants’ domestication of that judgment against Debtor in Guilford County, North Carolina; (2) Debtor’s filing of an application to employ special counsel to represent him in a malpractice action against the attorney who represented Debtor in the personal injury action; and (3) Debtor’s filing of the complaint in the malpractice action. The Court, finding that none of these findings were sufficient to constitute an informal proof of claim,, sustained Debtor’s objection and disallowed the claim.  

File: 
PDF icon Order Sustaining Objection to Claim.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Wednesday, May 7, 2025
Published: 
No
Index Heading: 
Claims
Affirmed: 

Source URL:https://www.ncmb.uscourts.gov/content/re-richard-c-wells-jr-case-no-24-10609

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/Order%20Sustaining%20Objection%20to%20Claim.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn