In chapter 13 cases, a timely filed proof of claim is a precondition to allowance of the claim and the creditor’s right to receive a distribution.” San Miguel Sandoval v. Sandoval (In re San Miguel Sandoval), 327 B.R. 493, 512 (B.A.P. 1st Cir. 2005). See also Fed. R. Bankr. P. 3002(a) (requiring creditors to file proofs of claim for the claim to be allowed). Under Rule 3002(c) “a proof of claim is timely filed if it is filed not later than 70 days after the order for relief . . . .” Fed. R. Bankr. P. 3002(c). 11 Generally, tardily filed proofs of claim are disallowed. See 11 U.S.C. § 502(b)(9). A court may extend the time in which a creditor must file a proof of claim if one of seven exceptions is met. See Fed. R. Bankr. P. 3002(c)(1)-(7).
Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L.L.C.
2021 BNH 003 (denying leave to amend complaint on futility grounds because proposed amended claims were either precluded by final sale order, application of the doctrine of collateral estoppel, or expiration of statute of limitations).
NBI Live Webinar 1/28/22
Real Estate Transactions 2022
Attorney William Amann will present at the National Business Institute's January 28 course, "Real Estate Transactions 2022," on Friday, January 28. The day-long program will provide an overview of significant changes and the best practices you should be implementing for the new year. From contracts to cybersecurity issues, get the guidance you need to represent clients with competence and confidence. Click below to register.