In re Yoakum

MEMORANDUM OPINION

Debtors filed a chapter 11 petition herein on August 3, 1984. On their Schedule A-3 (Unsecured Creditors),, they listed Thomas and Laura Doucette (claimants) as having a judgment against them by the Superior Court of Napa County for $81,500.00, which they label as being disputed. On September 25, 1985, claimants filed a written proof of claim for $81,500.00 based on said judgment with the clerk of this court. The debtors filed an objection to the allowance of the claim for failure to file timely claim and for failure to attach a copy of the judgment to the proof of claim.

*850 Applying only to chapters 9 and 11, Bankruptcy Rule 3003(c)(2) provides that a creditor whose claim is scheduled as disputed shall file a proof of claim within the time prescribed by subdivision (c) (3) of said rule, and failing so to do shall not be treated as a creditor with respect to such claim. Bankruptcy Rule 3003(c)(3) provides that the court shall fix the time within which proofs of claim may be filed. Local Rule 22 of this district and division states that unless the court fixes a different time, the last day for filing a proof of claim in a chapter 11 case is the day prior to…