JOHN HARGROVE, Bankruptcy Judge
On August 29, 2005, Viatical Liquidity (the "Debtor") objected to Claim #407 filed by CFO Solutions, Inc. ("CFO Solutions") on the ground that it was filed after the December 20, 2004, claims bar date.
On September 15, 2005, CFO Solutions filed its response attaching a copy of its proof of claim dated December 17, 2004, and a copy of the DHL Express tracking receipt which shows that the envelope was shipped on December 17, 2004, and signed for and received by the Court on December 20, 2004. It is undisputed that the envelope was properly addressed and received by the Court by the December 20, 2004, claims bar date. See In re Bucknum, 951 F.2d 204, 207 (9th Cir. 1991) ("Mail that is properly addressed, stamped and deposited into the mails is presumed to be received by the addressee.") (citation omitted).
The Debtor contends however that CFO Solutions has not provided sufficient evidence that the DHL Express envelope actually contained its proof of claim because it is not listed on the claims docket.
The Court finds that the weight of the evidence favors a finding that CFO Solutions, Inc. filed its proof of claim in a timely manner. In its response letter, CFO Solutions's president stated that "We enclose another copy of our Proof of Claim form that CFO signed on December 17, 2004." In addition, the DHL Express tracking receipt shows the envelope was shipped on the same date. The inference is that CFO's proof of claim was enclosed in the DHL Express envelope.
The Debtor offered no evidence to the contrary nor an explanation as to what other document CFO Solutions would have sent to the Court on the December 17, 2004, date using the DHL Express private shipping service.
WHEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT:
The Debtor's objection to CFO Solutions, Inc.'s claim on the ground that it was filed after the bar date is overruled.