Opinion
Case No. 01-80096-RGM, (Chapter 7)
February 5, 2002
MEMORANDUM OPINION
THIS MATTER is before the court on the motion of Alicia Quarles for an extension of time within which to file a proof of claim for priority wages. Ms. Quarles filed two proofs of claims, claims number 3059 and 3060 in the amounts of $1,200.00 and $1,675.74, respectively. They were both filed after the expiration of the bar date. In addition, the trustee obtained authority to pay wage claims and commenced payment of wage claims prior to the filing of the proofs of claims. Ms. Quarles waived oral argument. The court has reviewed the papers and does not believe that oral argument is necessary.
Section 726(a)(1) of the Bankruptcy Code provides that all priority claims filed pursuant to § 507 of the Bankruptcy Code shall be paid first provided that a proof of claim is "timely filed under § 501 . . . or tardily filed before the date on which the trustee commences distribution." Ms. Quarles' claims are filed as priority claims under § 507(a)(3). However, the proofs of claim were neither timely filed nor filed before the trustee commenced distribution of priority wage claims. Consequently, they do not fall within the parameters of § 726(a)(1).
The court can grant extensions of time as provided in Federal Rule of Bankruptcy Procedure 9006(b). However, this authority is limited to the circumstances set forth in Federal Rule of Bankruptcy Procedure 3002 (c). Rule 3002(c) permits extensions of time for governmental units, infants, and incompetents or their representatives. Ms. Quarles does not fall within any of these groups. Consequently, the motion must be denied and the claims must be disallowed.