United States Seventh Circuit

Bankruptcy court judgment sustaining the objection to creditor Avnet, Inc.'s untimely claim against the estate of MarchFIRST in a bankruptcy proceeding is affirmed where: 1) the court properly rejected Avnet's argument that MarchFIRST should have accepted the faxed submission of its proof of claim forms, as the bankruptcy notice was sufficiently clear that submission by mail or by hand were the only permissible methods of transmittal; and 2) the court did not abuse its discretion in declining to deem Avnet's claim timely under Federal Rules of Bankruptcy Procedure 5005(c), as Avnet did not offer convincing justification or explanation for its untimely filing.

Appellate Information

• Argued 10/21/2008
• Decided 07/17/2009
• Published 07/17/2009

Judges

• SYKES, Circuit Judge., Before RIPPLE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Francis A. Citera (argued), Matthew T. Gensburg, Greenberg Traurig, Chicago, IL, for Avnet, Incorporated., Michael W. Rathsack (argued), Chicago, IL, for Andrew J. Maxwell.