- FRBP
In re Cincom iOutsource Inc.
May
13
2010
Ruling
Bankruptcy court did not have the equitable power to allow a late-filed proof of claim outside of authorized exceptions.
Procedural posture
A creditor filed a motion for an order deeming its proof of claim filed as timely. The creditor did not allege that any of the exceptions in Fed. R. Bankr. P. 3002(c) applied, but argued that its claim should be deemed timely as a matter of equity and due process pursuant to 11 U.S.C.S. § 105(a). A chapter 7 trustee opposed the motion.
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Court
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