Central District Consumer Bankruptcy Attorney's Association

Dear Peter,
The answer to your question is "no."
The Court in In re Hall, 218 B.R. 275, 276-77 (Bankr. D. R.I. 1998) faced a similar fact pattern. The Court summarized the prior history in the case (with emphasis added):
On September 29, 1997, the Chapter 7 Trustee advised the Court that although thirteen creditors were listed in the petition, only one had filed a proof of claim. The Trustee sought instructions as to whether creditors should be given a second notice of the existence of assets, and given additional time within which to file claims. On October 29, 1997, no opposition having been filed, the Trustee was authorized to re-notice this as an asset case. . . . DEPCO seeks reconsideration of that Order, arguing that there is no authority for the Court to allow the Trustee to re-notice creditors or to extend claims bar dates in Chapter 7 cases.
The Court concluded that DEPCO was correct, and vacated its prior order extending the claims bar date, holding (with italicized emphasis in original, bold and underlined emphasis added):
Deadlines for filing proofs of claim in Chapter 7 cases are governed by Fed. R. Bankr. P. 3002(c), and the grounds for extension are set forth within the rule. Rule 9006(b)(3), which restricts the Court's ability to enlarge Rule 3002(c) deadlines, states that: "The court may enlarge the time for taking actions under rules 1006(b)(2), 1017(e), 3002(c), 4003(b), 4004(a), 4007(c), 8002, and 9033, only to the extent and under the conditions stated in those rules." See Fed. R. Bankr. P. 9006(b)(3) (emphasis added); In re M.A.P. Restaurant, Inc., 191 B.R. 519, 520 (Bankr.D.R.I.1996); Silver City, Inc. v. Forte (In re Forte), 146 B.R. 592 (Bankr. D. R.I. 1992) (holding that under Rule 9006(b)(3) the court lacks discretion to extend the time to file complaints to determine dischargeability of debt under Rule 4007(c) after the expiration of the deadline). In this case Washington Trust received proper notice of the claims bar date, and we agree with DEPCO's argument that there is no provision for extending the deadline under Rule 3002(c). Therefore, our October 29, 1997 Order extending the deadline to file claims was unauthorized, and it is VACATED.
Id. at 277.
I hope this helps.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
[Description: Description: Description: cid:image003.jpg@01CC076B.B14D73C0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
Important notice required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

The post was migrated from Yahoo.