(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.
Subscribe to our free newsletters
Our weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.

