“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

“Excusable Neglect” is Not a Basis for Leave to File an Untimely Proof of Claim in a Chapter 13 case

The Movant is the holder of a Promissory Note and Security Deed securing real property owned by the Debtors (hereinafter “the Property”). The Debtors filed this case under Chapter 13 of the U.S. Bankruptcy Code on December 1, 2016. The deadline for all creditors to file a proof of claim (except governmental units) was April 19, 2017. An order confirming the Debtors’ Chapter 13 plan was entered July 19, 2017. The claim at issue, claim number 11-1, was filed on August 7, 2017, and amended on August 9, 2017, as claim number 11-2. An objection to claim number 11-2 was not filed by any party in interest. Movant asserts that the claim was filed late because of Movant’s attempts to verify and provide accurate and correct servicing amounts and fees within the projected proof of claim.

Although not set forth in Movant’s Motion, this Court assumes based on the wording of Movant’s proposed order that Movant’s request for relief is based on an assertion of inadvertence or excusable neglect.

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