Date of Decision:
March 26, 2009
Whether a proof of claim filed by the trustee on behalf of an unsecured creditor within the time allowed by Fed.R.Bankr.P. 3004 should be disallowed on the grounds that 11 U.S.C. § 501(c) was not intended to allow a trustee to rehabilitate a creditor's untimely proof of claim?
No. Nothing in either 11 U.S.C. § 501(c) or Fed.R.Bankr.P. 3004 suggests a trustee may only file a proof of claim on behalf of a creditor under certain circumstances. Moreover, even if that were not the case, the proof of claim at issue, which was mistakenly sent to the trustee rather than the Court, would constitute an informal proof of claim that was effectively amended when the trustee forwarded it to the Court for filing.