You are here

In re T & R Service Company

Bankr. No.: 
21-40007
Chapter: 
11
Date of Decision: 
November 9, 2021
Issue: 
Whether an order denying the motion of certain creditors to extend the time for them to file proofs of claim should be reconsidered under Fed.R.Bankr.P. 9023 and Fed.R.Civ.P. 59(e)?
Ruling: 
No. The creditors did not identify any manifest error of law or fact in the order, did not set forth any newly discovered evidence, and advanced new legal theories that could have been raised before the evidentiary hearing on their motion to extend time. The failure of the creditors to act upon receiving the notice of the commencement of the bankruptcy case and take the necessary action to protect their rights arose from their misunderstanding of the law, which is not excusable neglect.
Full Bankruptcy Court Decision: