Bankr. No.:
22-40224
Chapter:
11
Date of Decision:
December 29, 2022
Issue:
Whether a creditor was allowed to file a proof of claim after the deadline for filing claims had expired under Fed.R.Bankr.P. 9006(b)(1) due to excusable neglect?
Ruling:
No. Of the four equitable factors to be considered in determining whether the creditor's neglect was excusable, as defined in Pioneer Investment Services Co. v. Brunswick Associates Ltd. P'ship, 507 U.S. 380 (1993), one weighed against the creditor, one was neutral, and one weighed in the creditor's favor, which did not overcome the principal factor of "the reason for the delay," which heavily weighed against the creditor. There was no record establishing what, if anything, the creditor did in response to receiving the initial notice of bankruptcy.
Full Bankruptcy Court Decision:
