485 B.R. 327
Bankr. E.D. Va.2012Background
- Chapter 13 debtor seeks to interpret Rule 3002.1's timing for late proofs of claim when adopted after case filing.
- Debtor's case was filed before 1 Dec 2011; no prepetition arrearage existed, so no proof of claim was filed before bar date.
- Rule 3002.1 requires notices to be filed with a proof of claim for lenders secured by the debtor's principal residence; without a timely proof, notices cannot be properly issued.
- Trustee objects to the belated filed proof of claim; late proofs are generally not allowed in chapter 13 (cites authority).
- Two conditions for Rule 3002.1 to apply: (1) lien on debtor's principal residence; (2) claim provided for in the plan under 1322(b)(5); here, second condition fails because there was no arrearage and no 1322(b)(5) provision.
- Court concludes Rule 3002.1 does not apply and the lender need not have a late proof on file; the claim is disallowed as untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 3002.1 applies to require a late proof of claim | Lender argues exception due to expired bar date and need to comply via belated proof | Trustee contends Rule 3002.1 does not apply without applicable plan and arrearage | Rule 3002.1 does not apply; claim disallowed as untimely |
Key Cases Cited
- In re Blakely, 440 B.R. 443 (Bankr.E.D.Va.2010) (late proofs generally not allowed in chapter 13)
- In re Carr, 468 B.R. 806 (Bankr.E.D.Va.2012) (plan not providing for arrearage; 1322(b)(5) not applicable)
- In re Thongta, 480 B.R. 317 (Bankr.E.D.Wis.2012) (rule applicability similar analysis; notices and cure issues)