66 East Main Street, 3rd Floor Little Falls, NJ 07424

LATE IS LATE – TOO LATE FOR PROOF OF CLAIM

Share on facebook
Facebook
Share on linkedin
LinkedIn

Background:

  • A creditor has 70 days from the Petition Date to file a proof of Claim
  • Debtor provided an incorrect address for one of the Creditors.
  • Although the incorrect address was provided, the Post Office was able to deliver the notice prior to the 70 days from the Petition.
  • The Creditor came to the Meeting of Creditors (interesting that the Creditor had time to come to the meeting of creditors but not file a Proof of Claim).
  • Meeting of Creditors was delayed and rescheduled since the Debtor was not present and suggested the Creditor obtain Counsel.
  • The Debtor showed up at the next Meeting of Creditors but the Creditor claimed that she was unaware of the rescheduled date.
  • Creditor files a proof of claim beyond the 70 days.
  • Debtor and Trustee objected.
  • Creditor felt that she should have been allowed to file a Proof of Claim late since she was not allowed the “full 70 days” to prepare her Proof of Claim.

Court Ruling:

  • Nowhere in the rules does it state that the creditor must receive notice for the full 70 days from filing of the Petition.
  • The Creditor admitted she received notice and the post office delivered it to her on the 68th day.   That is also evidenced by the fact that she appeared at the Meeting of Creditors.
  • The Proof of Claim was not allowed – for whatever reason the Creditor decided to attend the Meeting of the Creditors but not file the Proof of Claim timely.    Also, she did not seek Counsel as was suggested.

Late is Late – You cannot come to Court with an exception – there are very definite deadlines and if you sit on your rights – you could lose.    The Creditor should have been represented by Counsel and taken the advice given.