Spokane Lefcu v. Marcella Barker

Good Law
839 F.3d 1189·2016 WL 6276078
United States Court of Appeals for the Ninth CircuitOctober 27, 201614-60028California3,878 words

Opinion

Opinion

Smith, J.

If a creditor wishes to participate in the distribution of a debtor’s assets under a Chapter 13 plan, it must file a timely proof of claim. The debtor’s acknowledgment of debt owed to the creditor in a bankruptcy schedule does not relieve the creditor of this affirmative duty.

BACKGROUND FACTS

On September 6, 2012, debtor Marcella Lee Barker filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the District of Montana. Later that day, in response to the filed petition, the bankruptcy court issued an Official Form B9I, titled “Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadlines” (“Notice”). The Notice stated that the deadline for creditors to file a proof of claim was January 8, 2013. On September 8, 2012, the Bankruptcy Noticing Center sent the Notice to the Appellee, Spokane Law Enforcement Federal Credit Union (“Credit Union”), by first class mail. On September 19, 2012, Barker timely filed her Chapter 13 plan with the bankruptcy court. According to her attached certificate of mailing filed with the court, the plan was also sent to the Credit Union that day via first class mail.

On September 19, 2012, Barker also…

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