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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46421 Judge Bernstein IN AN action involving application of the excusable neglect doctrine to a late class proof of claim, representative plaintiff in a class action filed a class proof of claim approximately six weeks after the bar date. The court granted the debtors’ motion to expunge the claim as untimely, noting that the debtors had commenced their Chapter 11 case in August 2003 and mailed a bar date notice, fixed as Oct. 7, 2003, in early September 2003. Plaintiff’s complaint was not filed in the California District Court until Oct. 1, 2003, six days before the deadline. In addition, the debtors were not named as a party-defendant because of an automatic stay. The court added that under these circumstances, the class was an unknown when the bar date was procured and the bar date notice was mailed, and the debtors were not required to send the bar date notice to the class counsel. The excusable neglect analysis, therefore, focused on circumstances surrounding the individual creditor’s failure to file a timely proof of claim.

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