Case No. 09-74306.United States Bankruptcy Court, E.D. Michigan, Southern Division.
September 20, 2010
ORDER DECLINING TO ENTER PROPOSED ORDER ALLOWING HANSONS’ WINDOW SIDING CO. UNTIMELY CLAIM
THOMAS TUCKER, Bankruptcy Judge
Debtor filed a voluntary petition for relief under Chapter 13 on November 5, 2009. The deadline to file a proof of claim for all creditors (except a governmental unit) was March 15, 2010. Hansons’ Window Siding Co. did not file a proof of claim by the deadline. On September 15, 2010, more than 6 months after the deadline to file a proof of claim had expired, and 7 months after the Court had entered an order confirming the Debtor’s Chapter 13 plan, Debtor filed a stipulation signed by herself and Hansons’ Window Siding Co. (Docket # 29), to allow Hansons’ Window Siding Co. to file an untimely proof of claim.
Entry of the proposed order would adversely affect the creditors in Classes 6 and 8 of the confirmed plan (see Docket ## 26, 2), and would be a plan modification. Therefore, the debtor must file and serve a proposed plan modification to seek this relief.
Accordingly,
IT IS ORDERED that the Court declines to enter the proposed order allowing Hansons’ Window Siding Co. to file an untimely proof of claim.
Signed on September 20, 2010