Michael Dean Bethard

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26 1Bankruptcy notices are actually mailed from the Bankruptcy Notice Center in Reston, Virginia,
using the mailing list as of the date the notice is generated. Actual mailing was October 22, 2005.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
MICHAEL DEAN BETHARD, No. 05-12427
Debtor(s).
______________________________________/
Memorandum on Objection to Claim
_________________
This Chapter 7 case was originally noticed to creditors as a no-asset case, and creditors were
told not to file proofs of claim. On October 13, 2005, the trustee filed a request to the Clerk to give
creditors a notice that there was a possibility of a dividend and that creditors should file claims. The
same day, the Clerk generated a notice to all creditors that they should file claims and that the deadline
for filing was January 13, 2006.1 The next day, October 14, 2005, NetBank’s attorney, Ellen Stern, filed
a request for notice on behalf of NetBank. NetBank filed its claim on January 26, 2006; the Trustee
objects to it on grounds of timeliness.
NetBank argues that it received no notice of the bar date, but this is clearly not the case. Because
the notice of the bar date was generated the day before Stern filed her notice request, the notice of the bar
date was sent to NetBank itself addressed exactly the same way as the original notice of the bankruptcy
filing. Since NetBank admits that it received the original notice, there is nothing to rebut the presumption
that it received the notice of the bar date. In re Bucknum, 951 F.2d 204 (9th Cir.1991).
Entered on Docket
May 15, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-12427 Doc# 34 Filed: 05/15/06 Entered: 05/15/06 11:05:49 Page 1 of 2

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While the court has some discretion to allow late claims in Chapter 11 cases, it does not have
that power in Chapter 7 cases, which are governed by FRBP 3002(c). Section 502(b)(9) of the
Bankruptcy Code requires that the Trustee’s objection be sustained. Counsel for the Trustee shall submit
an appropriate form of order.
Dated: May 15, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 05-12427 Doc# 34 Filed: 05/15/06 Entered: 05/15/06 11:05:49 Page 2 of 2