Filed: Dec. 03, 2015
Latest Update: Dec. 03, 2015
Summary: ORDER SUSTAINING DEBTOR'S OBJECTION TO CLAIM OF RANDY ADAMKIEWICZ (CLAIM NO. 8) THOMAS J. TUCKER , Bankruptcy Judge . Debtor filed and served an objection to the claim of Randy Adamkiewicz (Claim No. 8) under L.B.R. 3007-1. (Docket # 55, the "Claim Objection"). A hearing was scheduled for December 3, 2015 at 10:00 a.m. As the notice of the Claim Objection correctly stated, a written response to the objection was due to be filed no later than seven (7) days before the date set for hearing on
Summary: ORDER SUSTAINING DEBTOR'S OBJECTION TO CLAIM OF RANDY ADAMKIEWICZ (CLAIM NO. 8) THOMAS J. TUCKER , Bankruptcy Judge . Debtor filed and served an objection to the claim of Randy Adamkiewicz (Claim No. 8) under L.B.R. 3007-1. (Docket # 55, the "Claim Objection"). A hearing was scheduled for December 3, 2015 at 10:00 a.m. As the notice of the Claim Objection correctly stated, a written response to the objection was due to be filed no later than seven (7) days before the date set for hearing on ..
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ORDER SUSTAINING DEBTOR'S OBJECTION TO CLAIM OF RANDY ADAMKIEWICZ (CLAIM NO. 8)
THOMAS J. TUCKER, Bankruptcy Judge.
Debtor filed and served an objection to the claim of Randy Adamkiewicz (Claim No. 8) under L.B.R. 3007-1. (Docket # 55, the "Claim Objection"). A hearing was scheduled for December 3, 2015 at 10:00 a.m. As the notice of the Claim Objection correctly stated, a written response to the objection was due to be filed no later than seven (7) days before the date set for hearing on the objection. See L.B.R. 3007-1(b). Because of the Thanksgiving holiday and associated dates when the Clerk's office was closed (November 26 and 27, 2015), the deadline for the creditor to file a response to the Claim Objection was Monday, November 30, 2015. See Fed.R.Bankr.P. 9006(a)(1)(C), 9006(a)(3), 9006(a)(6). No timely response to the Claim Objection was filed.1 For this reason, the Claim Objection will be sustained.
In addition, the Court notes that the extended deadline for Randy Adamkiewicz to file a proof of claim, set by the September 2, 2015 Order Confirming Plan (Docket # 47), was September 10, 2015. But Randy Adamkiewicz failed to file any proof of claim until October 12, 2015. So his proof of claim was not timely filed, and the Claim Objection will be sustained for this additional reason.
Accordingly,
IT IS ORDERED that Claim Objection (Docket # 55) is sustained.
IT IS FURTHER ORDERED that Claim No. 8 filed by Randy Adamkiewicz is disallowed in its entirety.
IT IS FURTHER ORDERED that Debtor's request for attorney fees and costs, contained in the Claim Objection, is denied.
Signed.
