1:08-bk-00238•Shirley Mae Freeman-Ibanga
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA IN RE SHIRLEY MAE FREEMAN-IBANGA : Chapter 13 Case No. 08-00238 Debtor : ORDER DISALLOWING CLAIM OF AMERICAN HOME MORTGAGE SERVICING, INC. Upon consideration of the Objection of the Trustee, the proof of claim filed August 26, 2008, by American Home Mortgage Servicing, Inc., with a pre-petition arrears claim of $18,416.90, as an untimely filed claim, and the court record herein, it is, ORDERED, that the Trustee’s Objection be and the same is hereby sustained, and said claim filed August 26, 2008, is hereby disallowed and expunged from the record. Shirley Mae Freeman-Ibanga 4931 4th Street, NW Washington, DC 20011 Edward V. Hanlon 5510 Cherrywood Lane, Suite G Greenbelt, MD 20770 American Home Mortgage Servicing, Inc. Attn: Bankruptcy Department 4600 Regent Boulevard Irving, TX 75063 American Home Mortgage Servicing, Inc. c/o Cohn, Goldberg & Deutsche, LLC 600 Baltimore Avenue, #208 Towson, MD 21204 Cynthia A. Niklas Chapter 13 Trustee 4545 42nd ST NW #211 Washington, DC 20016-4623 MEMORANDUM DECISION AND ORDER A creditor in a chapter 13 case is not entitled under Rule 9006 to seek an enlargement of time for filing a proof of claim. However, a debtor may file a proof of the creditor's claim under Rule 3004, and if the debtor's failure timely to file such a proof of claim was a result of excusable neglect, a debtor is entitled under Rule 9006 to seek an enlargement of the time specified by Rule 3004 for filing such a proof of claim . The order below is signed without prejudice to the debtor's seeking an enlargement of the time specified by Rule 3004 for filing a proof of the creditor's claim. Dated: October 29, 2008. ______________________ S. Martin Teel, Jr. U.S. Bankruptcy Judge Case 08-00238 Doc 33 Filed 10/30/08 Entered 10/30/08 15:09:32 Desc Main Document Page 1 of 1
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