Mira Mesa Shopping Center West, LLC v. Edwards Theatres Circuit Inc.

MEMORANDUM **

Mira Mesa Shopping Center (“Mira Mesa”) appeals the district court’s affirmance of the bankruptcy court’s denial of its motion to allow a late filed proof of claim, or, in the alternative, to allow the amendment of an informal proof of claim. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

I

We review for an abuse of discretion the bankruptcy court’s determinations (1) whether excusable neglect exists, and (2) whether to allow a late filed proof of claim. Fed. R. Bankr.Pro. 9006(b)(1); In re Cahn, 188 B.R. 627, 629 (9th Cir. BAP1995). The determination of excusable neglect is an equitable consideration, “taking account of all relevant circumstances surrounding the party’s omission.” Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993). Courts must consider four factors: (1) the danger of prejudice to the debtor; (2) the length of the delay and its potential impact on judicial proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith. Id.

While we conclude that the first, second…