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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

NOT FOR PUBLICATION. The Movant, Baltimore County, Maryland, sought to have its late-filed proof of claim allowed on the basis that it had not received timely notice of the bankruptcy case. The Bankruptcy Court, Duncan W. Keir, Chief J., held that (1) the court is without the power to enlarge the period within which a claim can be timely filed in this chapter 13 case; (2) the prepetition indebtedness owed to Movant was secured by an unavoidable interest attached to the bankruptcy estate’s interest in property; (3) as a secured creditor the failure to file a timely proof of claim would have no practical effect on Movant because the plan provided that secured claims would not be paid through the plan and would not be discharged.
Motion denied.

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Duncan W. Keir