In re Porter
Opinion
Lead Opinion
Laffertyiii, J.
On April 17, 2019 the Court held a hearing on Debtor's Renewed Objections to *451 Proofs of Claims of LVNV Funding, LLC (the "Objection") (doc. 191) in the above captioned case. Appearances were made on the record. Briefly summarized, the Objection poses the question whether three proofs of claim that were filed within the deadline that unquestionably pertained when the case was converted from one under Chapter 7 to one under Chapter 13, and which was confirmed by an official "Notice" sent out by the Clerk's Office, were nonetheless untimely because an intervening change in the pertinent Federal Rule of Bankruptcy Procedure, which shortened by almost two months the deadline for filing claims, should be applied retroactively. Stated slightly differently, the Court must decide whether it would be "just and practicable" to apply the change in the Rule to this already pending case. At the conclusion of the hearing, the Court took the matter under submission. For the reasons set forth below, the Court HEREBY OVERRULES the Objection.
In order fully to assess the issues presented, some background is necessary.