DUARTE V. HILLARD, ET AL.
- Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
- 4 months 2 days ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 24-5156 (9th Circuit, Oct 23,2025) Not Published
- Tag(s):
-
- Ruling:
- Creditors must affirmatively demonstrate their intent to enforce claims against debtors before creditor’s claim bar date. Debtors’ schedules do not constitute informal proofs of claim and do not demonstrate creditor intent to hold debtors liable for listed debts. Amended plans do not constitute informal proofs of claim. The bankruptcy court correctly sustained Debtor’s objection to Creditor’s proof of claim as untimely.
- Procedural context:
- Debtor filed for chapter 13 bankruptcy. Creditor filed a late proof of claim. Debtor’s objected to Creditor’s proof of claim, and the bankruptcy court sustained the objection. Creditor appealed to the district court, and the court affirmed the bankruptcy court’s ruling. Creditor then appealed to the circuit court.
- Facts:
- Jenna Denise Hillard (“Debtor”) filed for chapter 13 bankruptcy. Jerry Duarte (“Creditor”), an unsecured creditor, filed a proof of claim after the creditor’s deadline. Debtor never filed a proof of claim on Creditor’s behalf. Debtor filed an amended chapter 13 plan, which did not constitute an informal proof of claim on Creditor’s behalf.
- Judge(s):
- Paez, Bea, and Forrest
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