IN RE: First Fruits Business Ministry (2023)

Chapter 11

ORDER ON OBJECTION TO PROOF OF CLAIM

This matter is before the Court on the objection of First Fruits Business Ministry, LLC (“Debtor”) to a claim in the amount of $524,250.00, filed in the above-captioned case on February 13, 2023, by Nutrenda Science, Inc. (“Nutrenda”). Debtor filed the Objection to Claim of Nutrenda (Dkt. No. 147) on February 28, 2023. William Spencer filed a pro se Response in Opposition (Dkt. No. 190) on behalf of Nutrenda on March 24, 2023, which included a request to participate via telephone in any future proceedings on the matter due to his location in California. The Court issued an Order on March 27, 2023, setting a hearing and providing the following:

[P]arties other than individuals (such as claimant Nutrenda) must be represented by an attorney admitted to practice in this Court. See SC LBR 2090-1 and 9011-2(c). The Request to appear via Telephone filed by claimant (Dkt. No. 190) is denied. It appears from the objection and response that testimony may be required.

(Dkt. No. 193). A hearing was held on April 20, 2023. Nutrenda failed to appear at the hearing or further respond. Accordingly, Nutrenda's claim is disallowed as filed and Debtor's Objection (Dkt. No. 147) is sustained. As additional grounds for sustaining the Objection, the Court notes Nutrenda's claim was filed after the December 16, 2022, deadline for filing claims.

For the reasons set forth above, the reasons stated on the record at the April 20 hearing, and for its untimely filing,

IT IS HEREBY ORDERED that the above-referenced claim of Nutrenda is disallowed and Debtor's Objection is sustained.

AND IT IS SO ORDERED.

David R. Duncan US Bankruptcy Judge District of South Carolina