In Re Mustelier

ORDER DENYING TRUSTEE’S MOTION TO FILE CLAIM ON BEHALF OF CREDITOR

THOMAS C. BRITTON, Chief Judge.

The trustee’s motion (C.P. No. 22) to file a claim on behalf of Avis, who failed to file a claim before the bar date, in order that Avis may receive a distribution from what would otherwise be surplus funds in this estate, is made under 11 U.S.C. § 501(c).

Although the statute merely provides: If a creditor does not timely file a proof of such creditor’s claim, the debtor or the trustee may file a proof of such claim,

it is very clear from the legislative history that:

The purpose of permitting the…