Opinion
BK-S-00-19258 LBR.
January 12, 2004
Lenard E. Schwartzer, Esq., Jason A. Imes, Esq., Schwartzer McPherson Law Firm, Las Vegas, NV, Attorneys for Tom Grimmett, Trustee.
Janet L. Chubb, Esq., Jones Vargas, Las Vegas, Nevada, Attorneys for CSA.
STIPULATION AND ORDER RE: TRUSTEE'S OBJECTION TO ADMINISTRATIVE CLAIM (COMPUTER SYSTEMS OF AMER.);
Tom Grimmett, (the "Trustee"), by and through his counsel, Schwartzer McPherson Law Firm, and Computer Systems of America, Inc. ("CSA"), by and through its counsel Jones Vargas, hereby stipulate as follows:
WHEREAS National Airlines, Inc. (the "Debtor"), filed for relief under Chapter 11 of the Bankruptcy Code on December 6, 2000. The Trustee was duly appointed as the Trustee of the Estate.
WHEREAS on May 7, 2003, the Court entered an Order converting the Debtor's Chapter 11 bankruptcy case to a case under Chapter 7 of the Bankruptcy Code (the "Conversion Order"), effective as of April 14, 2003.
WHEREAS the Conversion Order directs Chapter 11 administrative expense claimants to file their claims within sixty (60) days of entry of the Conversion Order, which would create a deadline of July 7, 2003, for filing Chapter 11 administrative claims.
WHEREAS claimant CSA filed a motion for allowance and payment of Chapter 11 expenses (Docket #1564) on September 23, 2003, after the deadline set forth in the Conversion Order.
WHEREAS the Trustee filed an objection to CSA's claim on the basis that the claim was untimely since it was filed more than sixty (60) days after entry of the Conversion Order.
WHEREAS claimant CSA alleges that its failure to file its administrative expense claim is due to excusable neglect, and therefore, pursuant to FRBP 9006(b), should not be denied due to the time of filing.
WHEREAS CSA notes that the Court's Order Directing the Filing of a Final Report, filed May 8, 2003, indicates that the time for filing proofs of claim arising from the rejection of executory contracts or unexpired leases is fixed at not later than 90 days after the date set for the meeting of creditors. CSA asserts that its claim arises from rejection of unexpired leases, and the 11 U.S.C. § 341 meeting of creditors was set for June 25, 2003, so this would create a deadline of September 24, 2003. CSA filed its claim pursuant to this deadline.
WHEREAS as of the date of this filing, no other objections or oppositions have been filed relating to CSA's claim for administrative expenses.
NOW, THEREFORE, in consideration of the foregoing, the parties, by and through their respective undersigned counsel, do hereby agree and stipulate as follows:
A. The parties agree that the foregoing statements are true and correct.
B. The parties agree that CSA has an allowed Chapter 11 administrative expense claim for One Million Three Thousand Three Hundred Ninety-Eight Dollars and Twenty-Three Cents ($1,003,398.23) pursuant to 11 U.S.C. § 503(b).