In Re Nelms , 37 B.R. 229 ( 1984 )

HUGHES, Bankruptcy Judge,

concurring.

I concur in the judgment to reverse the order appealed.

The appeal is from an order extending the date by which a class of unsecured creditors could file claims against the estate. The order violated the then relevant bankruptcy rules. Bankruptcy Rule 302(e) enumerated the circumstances under which such an order was authorized. None of those circumstances existed in this case. Furthermore, Bankruptcy Rule 906 expressly limited the court’s discretion to extend time to file claims under Rule 302(e) “except to the extent and under the conditions stated in” Rule 302(e). The order was thus erroneous and an abuse of discretion.

This appeal does not present the question of whether an untimely filed claim may nevertheless be allowed.