obj to late claim in 13
Posted: Wed Oct 20, 2004 10:40 pm
Here is a Motion I just fifled in Santa Barbara on a 100% Plan. It does not make a difference if it is a 100% plan. IF they filed after the bar date is the onlt important thing. If you are unable to read the Motion, sned me you fax nmber and I will get you a copy of my Motion that was granted.
Nate
To: The Honorable Judge Robin Riblet, Elizabeth F. Rojas,
Chapter 13 Trustee, and all interested parties:
Debtor(s), RICHARD and DEBORAH TSCHAUDER, by and through
their attorney, Nathan A. Berneman, hereby object to the allowance
of the following claims:
CLAIM #25, SOVEREIGN BANK NEW ENGLAND
Debtors hereby object to the claim filed by SOVEREIGN BANK NEW ENGLAND in the amount of $34,056.17 on the grounds that the claim was filed after the bar date.
1
POINTS AND AUTHORITIES
I.
CODIFICATION
A claim or interest, proof of which is filed under section 501 of this title,
is deemed allowed, unless a party in interest, including a creditor of a
general partner in a partnership that is a debtor in a case under chapter 7 of
this title objects.
11 USC 502(a)
In a ... chapter 13 individual's debt adjustment case, a proof of claim is timely filed if it is filed not later than 90 days after the
first date set for the meeting of creditors called under 341(a) of the Code ....
Federal Rule of Bankruptcy Procedure 3002(c)
The bar date to file a proof of claim was May 11, 2004. See attached copy of the Notice
of Chapter 13 Bankruptcy Case, Meeting of Creditors & Deadlines attached as Exhibit "1" and
incorporated herein by this reference. SOVEREIGN BANK NEW ENGLAND was served with
all relevant documents regarding this case, but failed to file a timely proof of claim.
The Proof of claim filed by SOVEREIGN BANK NEW ENGLAND shows that they filed
a claim on June 28, 2004, almost 1 1/2 months after the bar date. See attached copy of
Amended Notice of Intent to Pay Claims and a copy of the Proof of Claim filed by
SOVEREIGN BANK NEW ENGLAND incorporated herein by this reference as Exhibits "2"
and "3" respectfully.
II.
THE BAR DATE TO FILE A CLAIM CANNOT BE ENLARGED
The Ninth Circuit Bankruptcy Panel addressed whether the time for which a proof of claim can be filed in In re Edelman, 237 ER 146 (Bankr. 9th Cir. 1999) . The BAP held that thebankruptcy court cannot enlarge the time for filing a proof of claim unless one of the six
situations listed in Rule 3002(c) exists. SOVEREIGN BANK NEW ENGLAND late filed
claim does not fall within one of the six situations enumerated in Rule 3002 (c). Therefore, its
claim is late filed and should be disallowed.
2
III.
CONCLUSION
WHEREFORE, the debtors request that this Court sustain their objection to the claim filed
herein and disallow it in its entirety as being a late filed claim and the claim amount should
therefore be $0.00.
Respectfully submitted,
Dated: August 31, 2004
___________________________
Nathan A. Berneman
Attorney for Debtor(s)
3
"Ore, Joseph" wrote:
I have a confirmed ch 13 case before Hon. Ahart. I received the
trustee's Notice of Intent to pay claims and realized that there are
many late claims. Claims that were filed with the court 2 days after
the bar date.
Does anyone have any experience in objecting a late claim in a 100%
confirmed chapter 13 plan.
Joseph Ore
debtesq@aol.com
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Here is a Motion I just fifled in Santa Barbara on a 100% Plan. It does not make a difference if it is a 100% plan. IF they filed after the bar date is the onlt important thing. If you are unable to read the Motion, sned me you fax nmber and I will get you a copy of my Motion that was granted.
Nate
To: The Honorable Judge Robin Riblet, Elizabeth F. Rojas,
Chapter 13 Trustee, and all interested parties:
Debtor(s), RICHARD and DEBORAH TSCHAUDER, by and through
their attorney, Nathan A. Berneman, hereby object to the allowance
of the following claims:
CLAIM #25, SOVEREIGN BANK NEW ENGLAND
Debtors hereby object to the claim filed by SOVEREIGN BANK NEW ENGLAND in the amount of $34,056.17 on the grounds that the claim was filed after the bar date.
1
POINTS AND AUTHORITIES
I.
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