- Ag Docket
The debtor filed Chapter 12 bankruptcy and listed a bank debt in his schedules. The bank debt was secured by real estate. The bank was notified of the deadline to file claims and was also notified of the meeting of creditors. The bank filed a proof of claim more than a month after the deadline, but the bank's attorney did timely file a notice of appearance identifying the bank as a creditor. The debtor proposed a reorganization plan that provided for no payments on the bank's disallowed claim, but the plan did retain the bank's lien and did provide for post-bankruptcy payments on the bank debt. The bank objected and the debtor asserted that the bank's claim was untimely. The court disallowed the bank's claim as untimely because the bank had done nothing that could be treated as the equivalent of filing a proof of claim on a timely basis. An entry of appearance and request for notice were insufficient to qualify as an informal proof of claim. The court also determined that the debtor's motives for objecting to the late filed claim had no bearing on whether the late filed claim should be allowed. The court held that 11 U.S.C. Sec. 502(b)(9) required that the bank's claim be disallowed. In re Swenson, No. 14-40173-12, 2015 Bankr. LEXIS 1922 (Bankr. D. Kan. Jun. 12, 2015).
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