492 B.R. 140
Bankr. S.D.N.Y.2013Background
- Debtor objects to Bank of America, N.A.'s secured claim (No. 12-1) as late-filed under the 90-day bar date of FRBP 3002(c).
- Creditor filed proof of claim on April 19, 2012 for $357,751.50, including $4,093.45 arrears.
- 341 meeting of creditors was set for August 24, 2011; bar date was November 22, 2011.
- Debtor argues disallowance under §502(b)(9) for untimeliness.
- Creditor argues secured claims are not required to file proofs in Chapter 13 under FRBP 3002(a) and thus bars do not apply.
- Court concludes Rule 3002(c) applies to secured creditors in Chapter 13 and the late-filed claim is disallowed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a secured creditor must file a proof of claim to receive plan distributions | Morris argues creditor must file under §501/3021. | Bank of America contends 3002(a) excludes secured claims in 13. | Secured creditor must file an allowed claim to receive distributions. |
| Whether FRBP 3002(c) bar date applies to secured creditors in Chapter 13 | N/A | Creditor claims no bar date applies to secured claims absent 3002(a) inclusion. | FRBP 3002(c) bar date applies to secured creditors in Chapter 13. |
| Whether late filing can be excused by informal proof of claim or debtor schedules/plan | Creditor asserts informal proof via schedules/plan. | Debtor argues schedules/plan cannot create an informal claim. | No informal proof of claim established. |
| Whether first amended plan creates a proof of claim on behalf of Creditor | Amended plan implied timely filing. | Amended plan filed after bar date cannot be a proof of claim. | Amended plan cannot operate as a timely filed proof of claim. |
Key Cases Cited
- In re Hogan, 346 B.R. 715 (Bankr.N.D.Tex.2006) (secured creditor may choose not to file but must be paid only if plan provides)
- In re Macias, 195 B.R. 659 (Bankr.W.D.Tex.1996) (trustee timing concerns; secured claims require timely filing to be paid)
- In re Dennis, 230 B.R. 244 (Bankr.D.N.J.1999) (advisory notes support applying 3002(c) bar date to secured creditors)
- In re Be-Mac Transport Co., Inc., 83 F.3d 1020 (8th Cir.1996) (liens pass through bankruptcy; relevance to secured claim treatment)
- In re Lipman, 65 F.2d 366 (2d Cir.1933) (informal proof of claim doctrine origins)
- In re Schaffer, 173 B.R. 393 (Bankr.N.D.Ill.1994) (statutory/Rule 3002(a) interpretation context)
- In re Harris, 64 B.R. 717 (Bankr.D.Conn.1986) (pre-502(b)(9) view on 3002 timing for secured claims)