Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
To access the original judgment, please Sign In or Subscribe.

Vladimir Alejandro Nicolas

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

1 8

1 9 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA * * * * * * In re: VLADIMIR ALEJANDRO NICOLAS, Debtor. ) ) ) ) ) ) Case No.: 25-14606-MKN Chapter 13 Date: March 11, 2026 Time: 2:30 p.m.

ORDER ON MOTION FOR LEAVE TO FILE PROOF OF CLAIM AFTER BAR DATE NUNC PRO TUNC TO DECEMBER 30, 20251 On March 11, 2026, the court heard the Motion for Leave to File Proof of Claim After Bar Date Nunc Pro Tunc to December 30, 2025 ("Leave Motion") brought by creditor Ford Motor Credit Company in the above-referenced Chapter 13 proceeding. The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On August 8, 2025, Vladimir Alejandro Nicolas ("Debtor") filed a voluntary "skeleton" petition ("Petition") commencing this Chapter 13 proceeding. (ECF No. 1). Attached to the Petition is a creditor matrix ("Mailing Matrix") listing the pre-bankruptcy creditors scheduled by 1In this Order, all references to "ECF No." are to the number assigned to the documents filed in the above-captioned bankruptcy case as they appear on the docket maintained by the clerk of the court. All references to "Section" are to provisions of the Bankruptcy Code, 11 U.S.C. § 101, et seq. All references to "Bankruptcy Rule" are to the Federal Rules of Bankruptcy Procedure. ___________________________________________________________________ Entered on Docket April 17, 2026

the Debtor. Among others, the Mailing Matrix lists Ford Motor Credit, Acct No. xxxx3791, Attn: Managing Agent, P.O. Box 650575, Dallas, TX 75265-0575 ("Dallas Address"). The case was assigned for administration to Chapter 13 panel trustee Kathleen A. Leavitt ("Trustee Leavitt"). A Notice of Chapter 13 Bankruptcy Case was issued by the court ("Bankruptcy Notice"), initially scheduling a meeting of creditors ("341 Meeting") for September 9, 2025, and setting a deadline of November 10, 2025, for parties-in-interest to object to the Debtor's Chapter 13 discharge or to object to the discharge of a particular debt. (ECF No.

5). The Bankruptcy Notice also set a deadline of October 17, 2025, for all creditors to file a proof of claim ("Claim Deadline").

On August 22, 2025, Debtor filed his initial bankruptcy schedules of assets and liabilities ("Schedules"), as well as his statement of financial affairs ("SOFA"). (ECF No.

13). On his property Schedule "A/B," he listed a 2022 Ford F350 "business truck" with approximately 22,000 miles having a current value of $50,000. He also attests that he holds an interest in Pinnacle Peak Pool & Lawn Service LLC ("Pinnacle Peak Pool"). On his exemption Schedule "C," Debtor claimed several vehicles as exempt, but not the Ford F350. On his secured creditor Schedule "D," Debtor listed Ford Motor Credit, with an address of Attn: Managing Agent, P.O. Box 650575, Dallas, TX 75265-0575, having a claim in the amount of $66,998.54, secured by the Ford F350 valued at $50,000, resulting in an unsecured claim in the amount of $16,998.54.2Debtor attests that the debt was incurred in December 2022 for an auto loan having an account number ending in 3791.3 Debtor does not designate the claim of Ford Motor Credit as being contingent, unliquidated, or disputed. On his co-debtor Schedule "H," Debtor does not identify "any people or entities who are also liable for any debts you may have." On his income Schedule "I,"

2 Under Section 506(a), a secured claim is allowed to the extent of the value of the property securing the claim, with any excess claim amount allowed as unsecured.

3 Debtor signed his Schedules and SOFA under penalty of perjury. In completing Schedule "D" he presumably had access to the loan documents reflecting the last four digits of the Pinnacle Peak Pool loan number.

2

Debtor states his occupation as "self-employed" but identifies his employer as Pinnacle Peak Pool.

In Part 3, Item 6 of this SOFA, Debtor identifies payments made to Ford Motor Credit, with an address of Attn: Managing Agent, P.O. Box 650575, Dallas, TX 75265- 0575, having a remaining balance owed in the amount of $66,998.54. In Part 11, Item 27 of his SOFA, Debtor attests that he is a member of Pinnacle Peak Pool and that he has possession of all of the books and records for Pinnacle Peak Pool. On August 22, 2025, Debtor also filed his proposed Chapter 13 Plan #1 ("Plan #1"), that was noticed for a confirmation hearing to be held on October 16, 2025. (ECF Nos. 17 and 18). Section 4, Item 4.3 of Plan #1 provides for Ford Motor Credit's allowed secured claim based on a $50,000 fair market value of the Ford F-350 to be paid through the plan at

6.00 percent interest with the payments totaling $59,095.49. Section 5, Item 5.4 of Plan #1 provides for non-priority unsecured claims to be paid an estimated total of $422.70. The Certificate of Service accompanying the plan and notice of hearing attests that Ford Motor Credit was served by electronic service and by United States Mail to Attn: Managing Agent, P.O. Box 650575, Dallas, TX 75265-0575. (ECF No. 19).

On August 28, 2025, Debtor filed a Motion to Value Collateral for Debtors[sic] 2022 Ford F350 ("Motion to Value") and noticed it to be heard on October 2, 2025. (ECF Nos. 22 and 23). The Certificate of Service accompanying the Motion to Value attests that Ford Motor Credit was served by electronic service and by United States Mail to: Managing Agent, P.O. Box 650575, Dallas, TX 75265-0575. (ECF No. 24).

On September 11, 2025, the 341 Meeting was concluded. (ECF No. 31). On October 8, 2025, an order was entered granting the Motion to Value ("Valuation Order."). (ECF No. 33). The Valuation Order allowed Ford Motor Credit a secured claim in the amount of $50,000 at 6.00 percent interest and an unsecured claim for the balance "if a timely claim is filed on the 2022 Ford F350." Notice of entry of the Valuation Order was filed, including a Certificate of Service attesting that Ford Motor Credit was served by

3

electronic service and by United States Mail to: Managing Agent, P.O. Box 650575, Dallas, TX 75265-0575. (ECF No. 35).

On November 10, 2025, Debtor's Chapter 13 Plan #1 was confirmed. (ECF No.

53).4

On December 30, 2025, Ford Motor Credit Company LLC filed its Proof of Claim No. 11 ("POC #11"). The total amount of POC #11 is $65,082.00, with the secured portion expressed at $52,775.00, the unsecured portion at $13,027.00, and the interest rate at 7.54 percent. In essence, the difference between Plan #1 and POC 11 is that Ford Motor seeks its allowed secured claim to be treated as $52,775.00 rather than $50,000, and interest to accrue at 7.54 percent rather than 6.00 percent.

On December 30, 2025, Trustee Leavitt filed a Notice to Debtor(s) and Creditors of Filed Claims, Classification, and Proposed Distribution - Additional. (ECF No. 65). On December 31, 2025, Debtor filed a Motion for Contempt for Violation of the Automatic Stay Under §362(a) and Damages Against Creditors, Ford Motor Credit and Zane Investigations ("Contempt Motion"). (ECF No. 66). Debtor maintains that the automatic stay arising under Section 362(a) was violated because both named parties sought to enforce the loan on the Ford F350 despite having notice of the commencement of bankruptcy proceedings. The Contempt Motion was noticed to be heard on February 4, 2026. (ECF No.67).

On January 6, 2026, Trustee Leavitt filed a "Notice to Debtor(s) and Creditors of Filed Claims, Classification, and Proposed Distribution - Additional," listing Ford Motor Credit Company LLC. (ECF No. 70). Trustee Leavitt filed an additional Notice to Debtor(s) and Creditors of Filed Claims, Classification, and Proposed Distribution - Additional, listing Ford Motor Credit Company LLC. (ECF No. 71).

4 Nothing in Plan #1 provides for Ford Motors' lien against the Ford F350 to be avoided, nor has the Debtor taken any steps, if any, to otherwise avoid the lien.

4

On January 14, 2026, a Notice of Appearance and Request for Special Notice and Copies of All Plans was filed on behalf of Ford Motor Credit Company LLC. (ECF No.

72).

On January 14, 2026, a Stipulation to Extend Deadlines and Continue Hearing Regarding the [Contempt Motion] Against Creditors, Ford Motor Credit and Zane Investigations ("Stipulation"), was filed. (ECF No. 73). On January 15, 2026, Trustee Leavitt filed her objection to POC #11 ("Trustee Claim Objection"). (ECF No. 74).

On January 16, 2026, an order was entered approving the Stipulation, which continued the Contempt Motion from February 4, 2026, to February 25, 2026. (ECF No.

77).

On February 4, 2026, a Notice of Appearance and Request for Special Notice for Zane Investigations ("Zane Investigations") was filed by Robert Christopher Reade on behalf of Zane Investigations. (ECF No. 79).

On February 4, 2026, creditor Ford Motor Credit Company LLC ("Ford Motor") filed the instant Leave Motion, along with a supporting declaration of its operations manager, Steven Boldvich ("Boldvich Declaration"). The Leave Motion was noticed to be heard on March 4, 2026. (ECF Nos. 80-82).

On February 4, 2026, Ford Motor filed its response to Debtor's Contempt Motion. (ECF No. 83).

On February 4, 2026, creditor Zane Investigations filed an opposition to Debtor's Contempt Motion to which was attached a Declaration of Mark Zane ("Zane Declaration"). (ECF No. 84).

On February 5, 2026, Ford Motor filed its response to Trustee Leavitt's POC #11 Objection. (ECF No. 87).

On February 6, 2026, Debtor filed a joinder to Trustee Leavitt's POC #11 Objection. (ECF No. 88).

5

On February 18, 2026, Debtor filed his replies to both Ford Motor and Zane Investigations' oppositions to the Contempt Motion. (ECF No. 89 and 90). On February 18, 2026, Debtor filed his opposition to the instant Leave Motion. ("Opposition"). (ECF No. 91).

On February 25, 2026, Ford Motor filed a reply ("Reply") in support of its Leave Motion. (ECF No. 94).

On February 25, 2026, the court continued Debtor's Contempt Motion to April 15, 2026, to allow the parties to meet and confer and to file a discovery plan. On March 2, 2026, a joint discovery plan ("Discovery Plan") was filed by the Debtor. (ECF No. 97).

On March 3, 2026, a Stipulated/Agreed Order was entered continuing the hearing on the Leave Motion to March 11, 2026. (ECF Nos. 99 and 101).

DISCUSSION

Curiously, Ford Motor argues that "Cause Exists to Terminate the Stay Under Section 362(d)(2)." See Leave Motion at 4:8. It is clear, however, that Ford Motor seeks leave of court under Bankruptcy Rule 9006(b)(1)(B) to file a proof of claim after expiration of the Claim Deadline. In relevant part, that Rule applies when a notice given under the Bankruptcy Rules requires an act to be performed within a specific period of time. There is no dispute that the Bankruptcy Notice required proofs of claim to be filed no later than October 17, 2025, consistent with Bankruptcy Rule 3002(c).5There is no dispute that Ford Motor filed POC #11 on December 30, 2025, i.e., 74 days after the deadline. Under

5 Bankruptcy Rule 9006(b)(3) also provides that the bankruptcy court may extend the time to act under Bankruptcy Rule 3002(c) but only as permitted by Rule 3002(c). Bankruptcy Rule 3002(c) provides that in a Chapter 13 case, a proof of claim must be filed within 70 days after the order for relief. Debtor filed his Chapter 13 petition on August 8, 2025, and the 70thday fell on October 17, 2025. Rule 3002(c) contains exceptions to the 70-day deadline in favor of governmental units, infants or incompetent persons, unsecured claims arising from certain judgments, claims arising from rejected executory contracts or unexpired leases, claims filed after the bankruptcy court issues a notice that assets are available to pay a divided to claimants, claims secured by an interest in the debtor's principal residence, and claims timely filed within an extended deadline ordered by the bankruptcy court. None of these exceptions are applicable to Ford Motor Credit.

6

Bankruptcy Rule 9006(b)(1)(B), the bankruptcy court may for cause, at any time, extend the time to act if a failure to timely act "resulted from excusable neglect."

In Pioneer Inv. Services Co. v. Brunswick Associates Ltd. P'ship, 507 U.S. 380 (1993), the Court concluded that an attorney's inadvertent failure to timely file a Chapter 11 proof of claim constituted excusable neglect within the meaning of Bankruptcy Rule 9006(b)(1).6The Court observed:

Because Congress has provided no other guideposts for determining what sorts of neglect will be considered "excusable," we conclude that the determination is at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission. These include…the danger of prejudice to the debtor, the length of the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith.

Id. at 1498. (Emphasis added.) Whether an established deadline is missed through the failure of a party or a failure of the party's legal counsel, the equitable factors in determining excusable neglect are similar. This bankruptcy court addressed those factors in In re Walker, 332 B.R. 820 (Bankr. D. Nev. 2005) (attorney's failure to appear on own motion) and In re SAS, 488 B.R. 178 (Bankr. D. Nev. 2013) (chapter 7 trustee's administrative abandonment of estate property). In both cases, the bankruptcy court applied the factors discussed by the Supreme Court in Pioneer. See Walker, 332 B.R. at 830; Sas, 488 B.R. at 184. In this instance, Ford Motor argues that notice of the Debtor's bankruptcy proceeding was sent to the incorrect address. Attached to the Boldvich Declaration as Exhibit "2" are copies of the billing statements that were sent to Pinnacle Peak Pool for the purchase of the Ford F-350. Those billing statements all show an account number ending in 3791 consistent with the number appearing for the Ford Motor account listed on Schedule

6 The Court examined the history of Bankruptcy Rule 9006 (b) and its predecessor, Bankruptcy Rule 906, including the Advisory Committee Notes, as well as the claim filing provisions of the Bankruptcy Act. 507 U.S. at 390-391. After that examination, the Court stated: "This history supports our conclusion that the enlargement of prescribed time periods under the 'excusable neglect' standard of Rule 9006(b)(1) is not limited to situations where the failure to timely file is due to circumstances beyond the control of the filer." Id. at 391.

7

"D." Moreover, all of the billing statements include a separate address for which payments must be sent as well as a separate address to which bankruptcy notices and correspondence must be sent.7It is clear that the Dallas Address used throughout these Chapter 13 proceedings was for receipt of loan payments, rather than the Colorado Springs Address or Cleveland Address, at which notice of the Debtor's bankruptcy should have been sent. The Ford Motor representative attests that notice of the Debtor's bankruptcy proceeding was not received until after the Claims Bar Date. See Boldvich Declaration at ¶¶ 9, 10, and 11. As the invoices indicate that the purchaser of the vehicle is Pinnacle Peak Pools & Lawn Service, rather than the Debtor, Ford Motor suggests that the failure to include a vehicle identification number in the Schedules or in the notices sent to the Dallas Address for receipt of payments caused further delays in attributing the loan information to the Debtor. Id. at ¶ 12. In essence, Ford Motor argues that not only was notice sent to the incorrect address, the information was insufficient to permit Ford Motor to link the Debtor to an outstanding loan owed by Pinnacle Peak Pool.8

In response, Debtor does not dispute the notice language appearing in all of the billing statements nor that he used the identified address for payments rather than for giving notice of bankruptcy. He does not dispute that all of the billing statements were sent to and received by Pinnacle Peak Pool,9that he is a member of Pinnacle Peak Pool, and that he

7 The billing statements through March 26, 2024, provided that "For all bankruptcy notices or correspondence use the following address: National Bankruptcy Service Center, P.O. Box 62180, Colorado Springs, CO 80962" ("Colorado Springs Address"). The billing statement commencing April 25, 2024, provided that "For all bankruptcy notices or correspondence use the following address: Bankruptcy Department, P.O. Box 35911, Cleveland, OH 44135-0911." ("Cleveland Address").

8 Ford Motor does not suggest that it ever filed an "informal proof of claim" before the Claim Deadline. See, e.g, Hodges v. Casey (In re Hero Nutritionals, LLC), 2025 WL 2337203, at *6-8 (B.A.P. Aug. 13, 2025) (principal of Chapter 11 debtor in case converted to Chapter 7 asserted informal proof of claim was filed timely).

9 Debtor offers no evidence by affidavit, declaration or otherwise suggesting that the billing statements were not received by Pinnacle Peak Pool, were not included in its books and records, nor that their contents were misunderstood.

8

holds the books and records for Pinnacle Peak Pool.10Instead of accepting his own role in providing insufficient notice, Debtor maintains that it was Ford Motors' responsibility to ascertain the Claim Deadline when notice was sent to the wrong address provided by the Debtor.11

Under the various factors for determining excusable neglect, the danger of prejudice is of the Debtor's own making. Debtor had been provided an address at which notice of his bankruptcy could be given to Ford Motor but chose to use the payment address. Moreover, Debtor did not dispute the validity or amount of Ford Motor's claim in his schedules, and the difference between the allowed secured amounts and interest rate set forth in POC #11 are modest, especially because the payment on the unsecured portion of Ford Motor's claim is likely to be negligible.

POC #11 was filed by Ford Motor on December 30, 2025, which was 74 days after the Claim Deadline and the Debtor filed his Contempt Motion on December 31, 2025, which was 75 days after the Claim Deadline. Ford Motor filed the instant Leave Motion on February 4, 2026, which was 110 days after the Claim Deadline. No evidence appears in the record that Ford Motor was ever provided actual notice of the Claim Deadline or that it was dilatory in filing POC #11 after it learned of the Debtor's bankruptcy. In other words, the evidence indicates that Ford Motor's delay in filing POC #11 was modest given that the Debtor provided the incorrect mailing address. Moreover, it filed the Leave Motion before the continued hearing date on the Contempt Motion. Any delay before the actual filing of POC #11 and the Leave Motion was filed was reasonable. To the extent Ford Motor had

10 He also does not explain why Pinnacle Peak Pool was not scheduled as a co-debtor of the claim when he concedes that he was at least a guarantor of the auto loan. It is not clear why a guarantor of an auto loan apparently is not sent a copy of a billing statement in the ordinary course.

11 Unlike a situation where a creditor representative actually speaks to an individual debtor, is told that a bankruptcy had been filed, and still continues to seek collection of a prepetition debt, there is no suggestion that the Debtor or his counsel ever spoke directly with a representative of Ford Motor before it decided to file POC #11.

9

control over the timing and speed by which POC #11 and the instant Leave Motion were filed, its exercise of any control was reasonable.

Moreover, neither the amount nor the interest rate set forth in POC #11 vastly exceeds those represented by the Debtor in his Schedule "D" or his Plan #1. Debtor commenced his Chapter 13 proceeding on August 8, 2025. In his Schedules, Debtor listed the Ford Motor claim at $66,998.54 as of the petition date. In his Plan #1, Debtor also set the full amount of the Ford Motor claim at $66,998.54, with an allowed secured amount of $50,000, leaving an unsecured balance of $16,998.54. The proposed interest on the allowed secured claim is 6.00 percent. According to the Ford Motor billing statement dated August 26, 2025, the payoff amount due was $66,332.21. In POC #11, Ford Motor asserts a total prepetition claim of $65,802.00 at 7.54 percent interest, with an allowed secured amount of $52,775.00 and an allowed unsecured amount of $13,027.00. In other words, Ford Motor is not asserting that its total claim, allowed secured claim, allowed unsecured claim, and applicable interest rate are in amounts vastly exceeding those suggested by the Debtor. Without more, there is nothing in the record to suggest that Ford Motor is lacking in good faith.

Under these circumstances, all of the relevant circumstances militate in favor of the Leave Motion.

IT IS THEREFORE ORDERED that the Motion for Leave to File Proof of Claim After Bar Date Nunc Pro Tunc to December 30, 2025 brought by creditor Ford Motor Credit Company in the above-referenced Chapter 13 proceeding, Docket No. 80, be, and the same hereby is, GRANTED.

Copies sent via CM/ECF ELECTRONIC FILING Copies sent via BNC to:

VLADIMIR ALEJANDRO NICOLAS

213 N. STEPHANIE ST. STE G

HENDERSON, NV 89074

10

TRENT EARL on behalf of Creditor FORD MOTOR CREDIT COMPANY LLC

WOMBLE BOND DICKINSON (US) LLP

8488 ROZITA LEE AVE, SUITE 400

LAS VEGAS, NV 89113

FORD MOTOR CREDIT COMPANY LLC, c/o AIS PORTFOLIO SERVICES, LLC

4515 N SANTA FE AVE. DEPT. APS

OKLAHOMA CITY, OK 73118

# # #

11

Use AI to get other relevant cases.

Comments

Vladimir Alejandro Nicolas
(Apr 17, 2026)