Opinion
MEMORANDUM AND ORDER DENYING MOTION FOR NUNC PRO TUNC ENTRY OF PROOFS OF CLAIMS
EDWARD D. JELLEN, Bankruptcy Judge
Claimant Lisa Swain-Morris (the "claimant") has filed a motion and supporting documentation requesting nunc pro tunc entry of her proofs of claims in the above-captioned case. The subject claims bear an original file stamp date of February 2, 2010, and were entered into the claims register by the clerk of court on March 22, 2010.
See docket nos. 51, 52, 54, 55, and 56.
See claim nos. 5, 6, 7, 8, 9, and 10.
Rule 3002(c) of the Federal Rules of Bankruptcy Procedure provides that in a case filed under chapter 7 or 13 of the Bankruptcy Code, a proof of claim is timely filed if it is filed not later than 90 days after the first date set for the meeting of creditors called under Bankruptcy Code § 341. In this case, the meeting of creditors was scheduled for March 24, 2010. The deadline for filing claims in the above-captioned case will therefore not occur until 90 days after that date, on or about June 24, 2010. The proofs of claims filed by claimant are therefore timely, and nunc pro tunc entry thereof is not necessary.
Note that prior to conversion of this case to one under chapter 7 of the Bankruptcy Code, a meeting of creditors was scheduled to be held on April 8, 2010.
Claimant's motion is accordingly DENIED.
IT IS SO ORDERED.