In Re Gold & Silversmiths, Inc.

DECISION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

In the case of In re Vecchio, 20 F.3d 555 (2d Cir.1994) (decided April 7, 1994), the Second Circuit Court of Appeals held that the bar date for claims set forth in Bankruptcy Rule 3002 is void as to priority claims in a Chapter 7 case because 11 U.S.C. § 726(a)(1) does not distinguish between timely filed priority claims and untimely priority claims.

Because Bankruptcy Rule 1019(6) was amended in 1991 to incorporate the provisions of Bankruptcy Rule 3002 into the procedure for the filing of administrative expense claims in a case converted…