X hits on this document

PDF document

04-16614-frm_Margaret%20M%20Thompson_2006-09-12%2010;05;01.pdf - page 13 / 14

43 views

0 shares

0 downloads

0 comments

13 / 14

collectible is irrelevant to our inquiry. Kentor has standing to pursue this discharge action.

Objection to Claim

Defendant urges that all Kentor’s claims listed in his Exhibit to his proof of claim (except

the Meredith Loan) are disallowable under §502(e)(1)(A) which provides that: “the court shall

disallow any claim for reimbursement or contribution of an entity that is liable with the debtor . . to

the extent that–(A) such creditor’s claim against the estate is disallowed..” 11 U.S.C.

§502(e)(1)(A)(West 2006). The Divorce Decree determined certain of these claims to be separate

claims against Kentor and therefore they are not allowable in this case. None were found to be the

debts of Dr. Thompson. Further, even if the Divorce Decree had not resolved them, the bar date for

filing proofs of claim was August 18, 2005. None of the creditors listed on Kentor’s Exhibit to his

proof of claim filed a proof of claim, except the Merediths. This Court agrees with Dr. Thompson,

that to the extent Kentor could rely on any alleged right of indemnity or contribution (and he no

longer can) related to any of these creditors’ claims (other than the Merediths), Kentor does not have

an allowable claim under §502(e)(1)(A) because none of them filed claims. Further, he has not paid

them.

As to any right to contribution or reimbursement arising out of the Meredith Loan,

§502(e)(1)(B) provides that the court shall disallow any claim for reimbursement or contribution of

a co-debtor if: “such claim for reimbursement or contribution is contingent as of the time of

allowance or disallowance of such claim for reimbursement or contribution.” 11 U.S.C.

§502(e)(1)(B) (West 2006).

The Merediths timely filed a proof of claim in this case and it is undisputed. The Meredith

Loan matured December 31, 2003, and Kentor has admitted that the Merediths have made no effort

to collect from him; neither has he paid “one red cent” on the Meredith Loan. Kentor’s claim, if any,

13

Document info
Document views43
Page views43
Page last viewedSat Dec 10 00:11:47 UTC 2016
Pages14
Paragraphs325
Words4370

Comments