Matter of Adams

MEMORANDUM OF DECISION ON OBJECTION TO CLAIM

ROBERT L. KRECHEVSKY, Chief Judge.

I

The question presented in this proceeding is whether a creditor who has actually filed a proof of claim in a chapter 11 case must refile its claim when that case is converted to one under chapter 13.

II

Charles Adams, doing business as Adams Mobil, commenced a chapter 11 case on September 5, 1985. At the debtor’s request, the court, on October 30, 1986, converted the case to one under chapter 13. The clerk of the court, pursuant to Bankr.R. 2002(a) and 2002(f), sent a notice on November 14, 1986 setting a date for a…