In re Harvey Blake Haddock

Summary

The United States Bankruptcy Court for the Northern District of Oklahoma sustains Steven Scattini’s objection to the chapter 7 trustee’s final report and grants his motion to extend the time to file a proof of claim. The court concludes that notice of the claims bar date was insufficient under Federal Rule of Bankruptcy Procedure 3002(c)(7), because the creditor was listed in care of an attorney who did not represent him in the bankruptcy matter. The court treats Scattini’s claims as timely filed but makes no determination regarding their allowance or disallowance.

Holdings

1. Notice was insufficient under the circumstances to give Scattini a reasonable time to file a proof of claim because the bar-date notice was sent to an attorney who did not represent him in the bankruptcy case, and Scattini was not otherwise informed of the need to file a claim.
2. The court extended the deadline under Rule 3002(c)(7) and treated Scattini's Claim Nos. 6-1 and 7-1 as timely filed.
3. The excusable-neglect standard under Rule 9006(b)(1) does not apply to late-filed proofs of claim in a chapter 7 case; Rule 3002(c)'s provisions are the exclusive means for extending the chapter 7 claims bar date.

Questions Presented

1. Whether notice of the chapter 7 claims bar date was insufficient under Federal Rule of Bankruptcy Procedure 3002(c)(7) to give Scattini a reasonable time to file a proof of claim.
2. Whether the court could treat Scattini's late-filed proofs of claim as timely under Rule 3002(c)(7).
3. Whether the excusable-neglect standard under Rule 9006(b)(1) applied to the late filing of proofs of claim in a chapter 7 case.

Disposition

other