Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

Home > Printer-friendly > In re The Benefit Corner, LLC (Case No. 16-11027)

Claimant, a former principal of Debtor The Benefit Corner, LLC, filed a proof of claim on July 26, 2019, over two years past the bar date.  Claimant contended that he filed the claim on behalf of a creditor and that the filing was governed by Rule 3005, not Rule 3002.  The Court concluded that the claim was governed by Rule 3002(c), rather than Rule 3005, and that the Court therefore could not extend the time to file based on excusable neglect.  Moreover, even if the claim were filed under Rule 3005, Claimant failed to establish that his failure to timely file the claim was the result of excusable neglect.  The Court sustained the objection.

File: 
PDF icon In re The Benefit Corner, LLC - order and opinion sustaining objection to claim.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Tuesday, December 31, 2019
Published: 
Yes
Index Heading: 
Claims

Source URL:https://www.ncmb.uscourts.gov/content/re-benefit-corner-llc-case-no-16-11027

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/In%20re%20The%20Benefit%20Corner%2C%20LLC%20-%20order%20and%20opinion%20sustaining%20objection%20to%20claim_0.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn