Holder of administrative expense claim moved for order allowing her to file a late claim on the ground she had not received the notice of the deadline. Reorganized debtors contended that there was a presumption of delivery of the notice based on affidavit of employee of servicing agent concerning mailing. Held: Affidavit was insufficient to created a presumption of delivery. Movant proved that she did not receive notice and that even if she had, her failure to file timely was due to excusable neglect.
NOT INTENDED FOR PUBLICATION
File:
Date:
12/28/2005