When a claim is filed after the reporting period, at which session will it be examined, and what must the court do if the trustee or a bankruptcy creditor objects?
General information · Not legal advice
Material to check
The practice file for this exercise shows the claim filed with its date of receipt set against the reporting period the provision refers to, the notice fixing the general examination session, any objection by the bankruptcy administrator or a bankruptcy creditor, and the court's order fixing a special session with a record of its costs.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own split: a claim filed after the reporting period may be examined at the general examination session for claims, but only where neither the bankruptcy administrator nor a bankruptcy creditor raises an objection, so an objection of either kind takes that claim out of the general session.
Another reading stresses the second sentence, where the court 'shall' set a special session once an objection exists and the costs of examining the claim fall on the late-filing creditor, while the provision leaves open how those costs are fixed and when they fall due.
Your judgment
How could the file show that the costs charged at the special session are the costs of examining this claim alone?
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 which session hears a late claim or who bears examination costs, or if a court decision explains when an objection counts as raised or how those costs are quantified.