In re Solomon (14-40573)

The Court sustained the Debtor’s Objection to Wilmington Trust, N.A.’s claim and disallowed the claim as untimely.  The issues before the Court were whether a consent order that does not address the timeliness of a late-filed proof of claim can deem such an untimely filed claim as an allowed, general non-priority unsecured claim and furthermore, whether the court has the authority to enlarge the amount of time for filing the Creditor’s proof of claim.  The Court determined that the consent order did not address the timeliness for filing a proof of claim, and the Court did not have the authority to enlarge the time to file a proof of claim or allow an untimely filed proof of claim because Rule 3002(c) did not apply to the circumstances.

Monday, June 12, 2017