In re Deroche
In re Deroche
Opinion of the Court
MEMORANDUM DECISION
The Chapter 13 Trustee, Gerald S. Cope, Esquire, has objected to the allowance of a claim by Sears, Roebuck & Co. in the amount of $1,825.25. The objection is predicated on the Sear’s failure to include the requisite claimant’s signature and itemized statement of the account. Sears filed a proof of claim on November 13, 1980, which in the space reserved for signature of claimant contained the type-written words “D.J. Reid.” There were no attachments to the proof of claim. The Trustee’s objection was filed on August 24, 1981, followed on September 10, 1981 by another proof of claim by Sears. This second proof of claim, while having a three page listing of the Debtor’s account status attached thereto, also failed
A proof of claim must be executed by the creditor or his authorized agent, Bankr.R. 13-301.
While Sear’s original proof of claim was filed timely,
Order to be entered.
. Bankruptcy Rule 13-301 is applicable to Chapter 13 cases. P.L. 95-598, Title IV, § 404(d).
. Bankruptcy Rule 13-302(e)(2) requires proofs of claim to be filed within 6 months of the first date set for the meeting of creditors. This meeting was set for November 21, 1980; Sears claim was filed on November 13, 1980.
. The Court finds the proof of claim filed on December 10, 1981 as an amendment to the original proof of claim filed timely on November 13, 1980.
. A third proof of claim was filed by Sears on December 10, 1981. See n. 2 supra.
Reference
- Full Case Name
- In re John F. DEROCHE and Frances A. Deroche, Debtor
- Status
- Published