Trustee’s Second Omnibus Objection to Claims
On September 18, 2009, Thelen filed a voluntary chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York. The bankruptcy case is pending before Judge Wiles under case number 09-15631.
The Chapter 7 Trustee is statutorily obligated to review all creditor claims filed against the Thelen estate and to object to any claims that lack legal or factual merit. Claims are considered in order of priority of distribution and any claim objections address claims which will affect distribution of the estate’s assets.
The Trustee determined it was necessary to object to certain claims filed by Thelen’s former equity partners. On May 27, 2016, he filed his second omnibus objection relating to these claims. The majority of the claims being objected to assert secured status and allege amounts due on account of unpaid net income, unreturned capital, indemnification, or other compensation. Generally, the Trustee’s claim objection seeks to expunge the asserted secured status as well as certain portions of the alleged claims in their entirety. The claim objection explains in greater detail the basis for the relief requested, including that some portions of these claims were resolved as part of the settlement of the overcompensation claims that were asserted against the partners on behalf of the bankruptcy estate.
To the extent you disagree with the Trustee’s proposed treatment of your claim, you are required to follow the reply procedures set forth in the objection. As detailed in the notice, the deadline for filing responses to the claim objection is June 22, 2016. Prior to filing a response, you are encouraged to reach out to the Trustee or his counsel to see if your issues can be consensually resolved.
A hotline (866-989-6147) has been established for calls concerning this matter so that they can be returned efficiently, promptly and systematically.
Trustee's Second Omnibus Objection
Notice re Second Omnibus Objection
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