Robert Daniel Eberwein

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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1 See docket nos. 51, 52, 54, 55, and 56.
2 See claim nos. 5, 6, 7, 8, 9, and 10.
Memorandum and Order
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 10-40860 EDJ
Chapter 7
ROBERT DANIEL EBERWEIN,
Debtor./
MEMORANDUM AND ORDER DENYING MOTION
FOR NUNC PRO TUNC ENTRY OF PROOFS OF CLAIMS
Claimant Lisa Swain-Morris (the “claimant”) has filed a motion
and supporting documentation requesting nunc pro tunc entry of her
proofs of claims in the above-captioned case. 1 	The subject claims
bear an original file stamp date of February 2, 2010, and were
entered into the claims register by the clerk of court on March 22,
2010. 2
Rule 3002(c) of the Federal Rules of Bankruptcy Procedure
provides that in a case filed under chapter 7 or 13 of the
Bankruptcy Code, a proof of claim is timely filed if it is filed not
Signed: April 01, 2010

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
April 01, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-40860 Doc# 87 Filed: 04/01/10 Entered: 04/01/10 13:09:40 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3 Note that prior to conversion of this case to one under
chapter 7 of the Bankruptcy Code, a meeting of creditors was
scheduled to be held on April 8, 2010.
2	Memorandum and Order
later than 90 days after the first date set for the meeting of
creditors called under Bankruptcy Code § 341. 	In this case, the
meeting of creditors was scheduled for March 24, 2010. 3 	The
deadline for filing claims in the above-captioned case will
therefore not occur until 90 days after that date, on or about June
24, 2010. 	The proofs of claims filed by claimant are therefore
timely, and nunc pro tunc entry thereof is not necessary.
Claimant’s motion is accordingly DENIED.
IT IS SO ORDERED.
END OF ORDER
Case: 10-40860 Doc# 87 Filed: 04/01/10 Entered: 04/01/10 13:09:40 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	Memorandum and Order
COURT SERVICE LIST
Lisa Swain-Morris
Trustor
1054 10 th Street
Oakland, CA 94607
Paul Mansdorf
1563 Solano Ave. #703
Berkeley, CA 94707
Office of the U.S. Trustee
1301 Clay St. #690N
Oakland, CA 94612
Case: 10-40860 Doc# 87 Filed: 04/01/10 Entered: 04/01/10 13:09:40 Page 3 of 3