Fed. R. Bankr. P. 3002(c), 9006(b)(3); Late Filed Proof of Claim
In re Damiano, 2005 Bankr. LEXIS 2687, Case No. 04-98349 (Bankr. N.D. Ga. December 13, 2005)(Massey)
The Chapter 7 debtor’s mother, who had actual notice of the case, filed a late proof of claim and a motion for an order allowing her late-filed claim. The Bank opposed the motion. The court noted that Rule 3002(c) identifies five exceptions to the requirement that claims be filed within 90 days of the 341 meeting, and failure to receive notice is not one of them. Further, Rule 9006(b)(3) prohibited the court from extending the time beyond the time set forth in Rule 3002(c). The court also held that although a claim is deemed allowed when filed, whether timely or not, the Bank’s opposition to the mother’s motion was equivalent to an objection to the claim. Therefore, the claim was disallowed and the motion denied.
