If a creditor who filed an objection missed the period set in the preceding provision, may that creditor still sue a creditor who was paid out under the distribution table?
General information · Not legal advice
Material to check
In a practice file, we read the distribution table and the proof of service showing when the period the provision refers to began, the objection paper and the date it was filed, and any record showing which creditor in fact received a distribution under that table.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a carve-out for one actor only: where a creditor has lodged an objection but has not kept the period the preceding provision sets, that failure does not prejudice that creditor's pursuing, by lawsuit, priority and other rights against the creditor who received a distribution under the distribution table.
Another reading notes the provision speaks only of the creditor who has already objected, so it does not say what happens to a creditor who filed no objection at all, and it leaves the period itself, the court procedure, and what the lawsuit does to the distribution already made to other rules.
Your judgment
Where such a suit is brought after the period has passed, what in the file shows the priority relied on and how it stands against the distribution the table made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may bring such a lawsuit, or if a court decision decides whether a creditor who filed no objection is in the same position.