(CN) – A creditor is not entitled to participate in bankruptcy proceedings because it missed the filing deadline by 43 minutes, the 7th Circuit ruled.
marchFIRST, an Internet consultant, sent a bankruptcy notice to creditors that set a deadline of 4 p.m. on Oct. 4, 2001.
Avnet filed its proof of claim at 4:43 p.m. that day.
The bankruptcy court upheld the objection of the estate that Avnet’s claim should be disallowed, and Judge Sykes of the Chicago-based federal appeals court agreed.
“Avnet, a sophisticated claimant with the benefit of counsel, did not explain why it waited until 43 minutes after the deadline to fax its copy of its proof of claim,” Sykes wrote.