UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
DEBTOR CASE NO. 92-60577
This matter is before the Court on the Motion of creditor Gibson Cincinnati Employees Federal Credit Union ("Gibson") for Allowance of Late Filed Claim. The Chapter 13 trustee filed an Objection to Claim. Gibson then filed a Response to Trustee's Objection to Claim, and the trustee filed a Response to Gibson's Response.
The debtor filed her Chapter 13 petition and plan in this Court on August 10, 1992. Gibson is listed on Schedule D of the petition. The notice setting the date for the first meeting of creditors was filed on October 2, 1992, and a copy of the notice was sent to Gibson. The date set for the meeting was October 22, 1992. The notice states that the deadline for filing proofs of claim is 90 days after the date set for the creditors meeting. Gibson did not file its claim until January 22, 1993, two days after the deadline.
The requirement that proofs of claim be filed within 90 days after the first meeting of creditors is set out in FRBP 3002(c). FRBP 9006(b)(3) allows enlargement of time for taking action under Rule 3002(c) only to the extent and under the conditions set out in that rule. Gibson admits that it does not fall within any of the exceptions provided for by Rule 9006(b)(3). It does argue however that a tardily filed claim must be allowed because lateness is not a ground for disallowance under 11 U.S.C.'502 which deals with allowance of claims. It cites In re Hausladen, 146 B.R. 557 (Bkrtcy.D.Minn. 1992) and In re Judkins, 151 B.R. 553 (Bkrtcy.D.Colo. 1993) in support of its position.
This Court recently ruled in In re Crooker, 159 B.R. 790 (Bkrtcy.E.D.Ky. 1993), that a late filed claim may not be accepted in a Chapter 13 case. The Court rejected the reasoning in Hausladen, and agreed instead with the holding in In re Zimmerman, 156 B.R. 192 (Bkrtcy.W.D.Mich. 1993). The Zimmerman court concluded that Rule 3002(c) imposes a bar date against late claims. That conclusion holds true in this matter as well. It is therefore the opinion of this Court that Gibson's Motion for Allowance of Late Filed Claim should be overruled. An order in conformity with this opinion will be entered separately.
By the Court -
Thomas L. Canary, Jr., Esq.
Brian Gilfedder, Esq.
Chapter 13 Trustee