In re: Pejian

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 14-2052
Decision Date: 
May 11, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Bankruptcy Ct. erred in overruling objection by debtor to bank’s filing of late proof of claim with respect to bank’s secured mortgage to property partially owned by debtor. While bank argued that, as secured creditor, it was entitled to file proof of claim at any time until Bankruptcy Ct. confirmed proposed Chapter 13 repayment plan, secured creditor must file proof of claim by 90-day deadline set forth by Rule 3002(c). Ct. noted, though, that secured creditor’s failure to file timely claim did not void its lien.