(6th Cir. B.A.P. May 11, 2016)

The Bankruptcy Appellate Panel reverses the bankruptcy court’s order allowing the unsecured creditor’s late-filed claim in this Chapter 13 case. The creditor filed its claim eight days after the bar date, and the bankruptcy court allowed the claim based on excusable neglect. The B.A.P. holds that a bankruptcy court does not have authority to extend the deadline in Rule 3002(c) through equitable powers or the doctrine of equitable tolling. Opinion below.

Judge: Humphrey

Attorneys for Creditor: Gingo Palumbo Law Group LLC, Anthony J. Gingo, Michael J. Palumbo

Attorneys for Debtor: Luftman, Heck & Associates, LLP, Matthew L. Alden

2016-05-11 – in re tench