In re Farris
Decision Date | 02 November 1984 |
Docket Number | Bankruptcy No. 83 B 525. |
Parties | In re Allen and Doris FARRIS, Debtors. |
Court | United States Bankruptcy Courts. Seventh Circuit. U.S. Bankruptcy Court — Northern District of Illinois |
Lawrence Friedman, Chicago, Ill., for Michael Reese Hosp.
Groupe & Katz, Chicago, Ill., for debtors.
This matter came to be heard upon the motion of a creditor herein, Michael Reese Hospital ("the Hospital") to have its claim allowed as timely filed in this Chapter 13 matter. For reasons set forth herein, this court hereby denies the Hospital's motion.
This matter involves the legal effect of scheduling a creditor in a Chapter 13 proceeding. The debtors herein ("the Farrises"), filed their Chapter 13 petition and schedules on which the Hospital was scheduled as a creditor and listed along with other creditors on the matrix contained in the file. The court file also contains a "Certificate of Mailing" signed by a Deputy Clerk of the Court which evidences that the Hospital was mailed notice as required. On May 16, 1983 this court confirmed the debtors' Chapter 13 plan. On February 2, 1984, the Hospital filed its motion to allow its claim as timely filed. The Hospital alleges that it received no notice of the proceedings. The Hospital further argues that the Farrises were somehow under a duty to notify the creditor of the proceedings and, therefore, that the claim should be allowed as timely filed.
Thus, the question presented to the court is whether scheduling the creditor along with other creditors on the bankruptcy schedules is sufficient to invoke the automatic stay and bind creditors to the time limits for filing claims set forth in the Bankruptcy Rules.
The time for filing proofs of claim is governed by Bankruptcy Rule 3002(c) which provides:
Bankr. Rules...
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