In re Hoey, 2012 Bankr. LEXIS 5803 (Bankr. D. Mass. Dec. 18, 2012)
Recently Judge Hillman, of the Boston Bankruptcy Court, found that a creditor cannot file a late objection to a bankruptcy plan prior to confirmation without excusable neglect. The Massachusetts Local Bankruptcy Rules require a creditor to file an objection to plan within 30 days of the bankruptcy meeting, In Hoey the objection by a mortgage lender was filed 46 days after the deadline had passed. And was denied as late.
The same argument has been raised by several lawyers in the Worcester Bankruptcy Court, with limited success. Hopefully with the Hoey decision Judge Hoffman, in Worcester, will re-examine the issue.
