In re Jones

Full title: In re: CHRISTINE AGNES JONES, Chapter 13, Debtor

Court: United States Bankruptcy Court, D. Vermont

Date published: Jan 6, 2003

Case #01-10679 (Bankr. D. Vt. Jan. 6, 2003)

Opinion

Case #01-10679

January 6, 2003

ORDER

COLLEEN A. BROWN, United States Bankruptcy Judge

WHEREAS Coastal Capital Corporation (Movant) filed a Motion for Allowance of Late Filing of Proof of Claim (doc. #35); and

WHEREAS the Debtor filed an objection to said Motion (see doc. #37), but subsequently withdrew her objection (see doc. #48); and

WHEREAS, on December 19, 2002, the Court held a hearing on Movant's Motion at which Movant did not appear;

UPON CONSIDERATION of:

1.) Movant's Motion;

2.) F.R.Bankr.P. Rule 3002;

3.) In re Roberts, 98 B.R. 664, 665-66 (Bankr.D.Vt. 1989) (instructing that time limit set forth in Rule 3002(c) for filing proofs of claim is the equivalent of a statute of limitations); and, generally,

4.) In re Gray, No.:99-10618, slip op. (Bankr.D.Vt. Dec. 5, 2000), available at http://www.vtb.uscourts.gov/opinions/published/ 9910618-73.pdf,

THE COURT FINDS Movant's proof of claim (for $1,198.04) untimely; therefore, IT IS HEREBY ORDERED Movant's Motion for Allowance of Late Filing of Proof of Claim is DENIED.

SO ORDERED.