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In re Meade (Case No. 09-73084) 12/06/2010

The Court denied the motion of EverHome Mortgage, a secured creditor of the debtors, to allow the late filing of a proof of claim. The Court found that there is no provision in the Bankruptcy Code allowing for the extension except as provided in Rule 3002(c)(1) - (6). None of the special exceptions in Rule 3002(c)(1) - (6) were applicable to the circumstances in the present case. Therefore, the Court denied the motion.  The Court also held that although the motion to extend was denied, no one objected to the claim, and under 11 U.S.C. § 502(a) the claim was deemed allowed unless and until an objection is filed.

Date: 
Monday, December 6, 2010
Category: 
Chapter 13 Issues
Proofs of Claim
Chapter: 
13