Eunice M. Herring

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
IN RE
EUNICE M. HERRING 	: 	Chapter 13 Case No. 07-00671
Debtor 	:
ORDER DISALLOWING CLAIM OF AMERICAN HOME MORTGAGE
Upon consideration of the Objection of the Trustee, the secured proof of
claim 	filed 	July 	28, 	2008, 	by 	American 	Home 	Mortgage, 	in 	the 	amount 	of
$303,466.57, 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 July 28, 2008, is hereby disallowed and expunged from the
record.
Eunice M. Herring
3316 Oxon Run Road, SE
Washington, DC 	20032
Bennie R. Brooks
8201 Corporate Drive, #260
Landover, MD 	20785-2319
American Home Mortgage
4600 Regent Boulevard, #200
Irving, TX 	75063
American Home Mortgage
Attn: Richard J. Rogers
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 Based on In re Boucek,
280 B.R. 533, 537-38 (Bankr. D. Kan. 2002), and In re Mickens, 2005
WL 375661 (Bankr. D.D.C. Feb.14, 2005), the order below is signed.
The order does not preclude the debtor's filing a motion under
Rule 9006 to enlarge the time for the debtor (not the creditor) to
file a proof of the creditor's claim under Fed. R. Bankr. P. 3004.
See In re Harding, 2006 WL 5738080 (Bankr. D. Md. Jan. 30, 2006).
But such a motion should be filed as a motion, not as a request
within an opposition to the objection to the untimely claim filed by
the creditor. The order not bar the trustee's filing a motion to
vacate this order and withdraw the trustee's objection to the claim
if she concludes that the interests of the debtor and of the creditor
body warrant letting the claim remain an allowed claim (unless and
until objected to) in light of the debtor's representations as to why
that would be beneficial to the debtor. Dated: October 15, 2008.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
Case 07-00671 Doc 104 Filed 10/16/08 Entered 10/16/08 08:17:50 Desc Main
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