In re Levy

FINDINGS OF FACT, CONCLUSIONS OF LAW & ORDER

FINDINGS OF FACT

This matter comes before the Court on the Debtor’s objection to the claim of Tower Medical on the grounds that the claimant did not file its proof of claim timely. Claimant argues that it filed an informal proof of claim and that its subsequent formal filing should be deemed either an amendment of the timely filed informal claim or as a timely filed claim under the circumstances of this case.

Facts

Debtors filed a petition for relief under Chapter 13 of the United States Bankruptcy Code on June 30,1987. The bar date for filing a proof of claim was set for November 10, 1987.

Debtors failed to include Doctor Hugh Sanders of Tower Medical as a creditor. On June 8,1988, Doctor Sanders mailed the Debtors an itemized invoice indicating that the amount of $1021.20 was due for medical services, most of which was incurred pre-petition. At the time, Doctor Sanders did not know the Debtors had already filed a petition for relief.

Sanders sued the Debtors in the Fontana Small Claims Court and obtained a judgment for $1067.20 on September 19, 1989. On that same date of September 19, the Debtors filed an amendment to the…