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PATRICIA A. SAVAGE (SBN 236235)

SAVAGE & LAMB, PC

1550 Humboldt Road, Suite 4

Chico, CA 95928

Telephone: (530) 809-1851

Fax: (530) 592-3865

Email: psavesq@gmail.com 

Attorneys for Movants,

MATTHEW RICCA, DIANNE S. GINGERICH

NIELS BRINGSJORD, KENDRA BRINGSJORD

AND LOGAN BRINGSJORD

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

In re

PG&E Corporation,

and 

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors.

[x] Affects both Debtors

*All paper shall be filed in the Lead 

Case, No. 19-30088-DM

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Case No. 19-30088-DM

Chapter 11

Lead Case, Jointly Administered

MOTION PURSUANT TO FED. R. 

BANKR. PROC. 7015 AND 7017 TO 

ENLARGE TIME TO FILE PROOF OF 

CLAIM PURSUANT TO FED. R. 

BANKR. PROC. 9006(b)(1)

Date: May 9, 2023

Time: 10:00 a.m. (Pacific Time)

Place: Telephonic/Video Appearances Only

 United States Bankruptcy Court

 Courtroom 17,

 450 Golden Gate Ave., 16th Floor

 San Francisco, CA

Judge: Hon. Dennis Montali

Objection Date: April 24, 2023 

BACKGROUND

Pursuant to Rules 015 and 7017 of Federal Rules of Bankruptcy Procedure, which incorporate 

Federal Rules of Civil Procedure 15 and 17, by this motion (“Motion”), MATTHEW RICCA, 

DIANNE S. GINGERICH, NIELS BRINGSJORD, KENDRA BRINGSJORD and LOGAN 

Case: 19-30088 Doc# 13658 Filed: 04/07/23 Entered: 04/07/23 12:10:42 Page 1

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BRINGSJORD (“Movants”) move this Court for an order expanding the time to file a Proof of 

Claim, and allow, Claim Numbers (not yet assigned), attached to the declaration of Patricia A. 

Savage as Exhibits 1 and 2, to be considered timely filed. Claim Numbers (not yet assigned) were 

filed on February 9, 2023.

This Motion is based upon the points and authorities set forth herein and the concurrently 

filed Notice of Heating in support of the Motion, in addition to any evidence or oral argument 

presented at the time of any hearing on this matter. In support thereof, the Movants, by and through 

their undersigned counsel, respectfully represent as follows:

SUMMARY OF RELIEF REQUESTED

A proof of claim may be deemed timely upon a showing of excusable neglect and lack of 

prejudice. In this case, due to a variety of stressors arising from the Camp Fire, the impact of the 

Covid 19 pandemic, as well as a misunderstanding as to the legitimacy of his claim, Movants were 

unable to timely file their proof of claim. Claimants RICCA and LOGAN BRINGSJORD were both 

minors at the time of the Camp Fire and were unable to perfect their claims. Because there is no 

danger of prejudice to the Debtors as Debtors’ estates are solvent, and all creditors stand to be paid, 

the Motion should be granted to allow these survivors to have their claims deemed timely. This Court 

must determine whether to grant the Motion.

FACTUUAL BACKGROUND

The general bar date in these cases was October 21, 2019 (“Original Bar Date”). The process 

for submission of timely claims was continued after the Original Bar Date. Pursuant to the Stipulation 

Between Debtors and Official Committee of Tort Claimants to Extend Bar Date for Fire Claimants 

and for Appointment of Claims Representative (Dkt No. 4651), the Original Bar Date was extended 

for the benefit of Unfiled Fire Claimants to December 31, 2019 at 5:00 p.m. (Prevailing Pacific 

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Time). The Debtors’ Chapter 11 plan (“Plan”) was confirmed by court order on June 20, 2020, and 

pursuant to the Notice of Effective Date, the Plan became effective as of July 1, 2020.

MATTHEW RICCA is a survivor of the Camp Fire that occurred on November 8, 2018. 

Specifically, Movant lived at the property located at 6087 Marty Court, Paradise, CA 95969 (RICCA 

Property). The property was destroyed by the Camp Fire. Movant was forced to evacuate due to the 

dangers of the fire, was displaced, and had to begin rebuilding his life in the town of Paradise that 

was forever changed by the fire. 

DIANNE GINGERICH is a survivor of the Camp Fire that occurred on November 8, 2018. 

Specifically, Movant lived at the property located at 1522, Unit B, Yeshua Way, Paradise, CA 95969 

(GINGERICH Property). While the property was not destroyed by the Camp Fire, certain personal 

property belonging to Movant was destroyed. Movant was displaced and had to begin rebuilding her

lives in the town of Paradise that was forever changed by the fire. 

NIELS BRINGSJORD, KENDRA BRINGSJORD and LOGAN BRINGSJORD are survivors

of the Camp Fire that occurred on November 8, 2018. Specifically, Movants lived at the property 

located at 4356 Cherokee Road, Oroville CA 95965 (BRINGSJORD Property). While the property 

was not destroyed by the Camp Fire, certain personal property belonging to Movants was destroyed. 

Movants were forced to evacuate due to the dangers of the fire and were temporarily displaced.

Due to multiple traumas, the immense pressure on Movants to reestablish their lives following 

the fire, medical conditions and other incapacities, they did not contact and retain counsel until 

recently. Therefore, no proof of claim was timely filed on behalf of Movants. It was not until after 

the extended bar date and Claims Questionnaire deadline that Movants discovered they should file a 

Proof of Claim for their losses. Therefore, it is respectfully requested the Court grant such relief. 

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LEGAL ARGUMENT

In a Chapter 11 case, the time to file a proof of claim may be extended under certain 

circumstances. Fed. R. Bank. Pro. 3003(c)(3); Fed. R. Bank. Pro. 9006(b)(1). The bankruptcy court 

has “broad equitable powers” in a Chapter 11 case with respect to the timing requirement for proofs 

of claim. Pioneer Inventory Services v. Brunswick Associates Limited Partnership, 507 U.S. 380, 

389 (1993). All in all, Rule 9006(b)(1) allows “late filings caused by inadvertence, mistake, or 

carelessness, not just those caused by intervening circumstances beyond the party's control.” Id., at 

381. Even a creditor that did in fact receive notice may file a proof of claim notwithstanding the 

expiration of a claims bar date in a Chapter 11 case upon a showing of “excusable neglect.” Id. at 

394-95 (“Had respondents here been prevented from complying with the bar date by an act of God or 

some other circumstance beyond their control, the Bankruptcy Court plainly would have been 

permitted to find ‘excusable neglect’ [under FRBP 9006].”). 

In considering whether a creditor’s failure was the product of “excusable neglect,” the court 

should take “account of all relevant circumstances surrounding the party’s omission,” including “the 

danger of prejudice to the debtor, the length of the delay and its potential impact on judicial 

proceedings, the reason for the delay, including whether it was within the reasonable control of the 

movant, and whether the movant acted in good faith.” Id. at 395; see also Corning v. Corning (In re 

Zilog, Inc.), 450 F.3d 996 (9th Cir. 2006) (noting Pioneer’s non-exhaustive list of relevant factors). 

Again, a late-filed proof of claim is allowable where a creditor had actual notice of the bankruptcy 

but, due to some external reason, failed to file a proof of claim or did not realize that she had to, 

before the bar date. See, e.g., Zilog Inc. v. Corning (In re Zilog, Inc.), 450 F.3d 996, 1003-07 (9th 

Cir. 2006) (applying the Pioneer factors). All in all, Rule 9006(b)(1) allows “late filings caused by 

inadvertence, mistake, or carelessness, not just those caused by intervening circumstances beyond the 

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party's control.” Pioneer, 507 U.S. at 381. Here, consideration of all four Pioneer factors—as well as 

a fifth engrafted onto the Pioneer analysis by some courts—weighs in favor of Movants. 

Because in this case there is no danger of prejudice to the Debtors, the first Pioneer factor 

weighs overwhelmingly in Movants’ favor. Debtors’ estates are solvent, and all creditors stand to be 

paid. See, e.g., In re Best Payphones, Inc., 523 B.R. 54, 75-6 (Bankr. S.D.N.Y. 2015) and In re 

Sheehan Mem’l Hosp., 507 B.R. 802, 803 (Bankr. W.D.N.Y. 2014) (where the chapter 11 estate is 

solvent, “the proper remedy for a late filing is not the expungement of a claim, but its allowance as a 

tardily filed claim only.). Secondly, immediately upon receiving all the necessary information the 

Subject Proof of Claim was filed. Thirdly, the delay in filing the Subject Proof of Claim is reasonable 

considering the traumas claimant has suffered since the fire. Lastly, any prospect of prejudice beyond 

solvency is unlikely given (a) all distributions have not yet been made; and (b) the value of Movant’s 

claims relative to the value of Debtors’ estates is low. See, e.g., In re Keene Corp., 188 B.R. 903, 

910 (Bankr. S.D.N.Y. 1995) (size of the late claim in relation to the estate is a consideration in 

determining prejudice). 

Under Rules 7015 and 7017 of Federal Bankruptcy Procedure (which incorporate Federal 

Rules of Civil Procedure 15(c) and 17(a)(3)) because there is a lack of bad faith on the part of the 

Movant, it is respectfully requested the Court allow an extension of the bar date required to effectuate 

the purpose of Rules 7015 and 7015. It is respectfully requested the mistake should be allowed to be 

corrected by permitting the late filing of the Proof of Claim under Bankruptcy Rule 9006(b). 

CONCLUSION

For the reasons set forth above, Movants respectfully request that this Court enter an order

pursuant to Bankruptcy Rules 7015, 7017, 9006(b)(1) as follows:

1. Granting this Motion;

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2. Directing that Exhibit 1, the Proof of Claim, Claim Number (not yet assigned), be 

deemed timely filed;

3. Granting such other or further relief as the Court deems just and proper. 

Dated: April _____, 2023

_________________________________

Patricia A. Savage

Attorney for Movants

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__________________________________________________________________________________________

PATRICIA A. SAVAGE (SBN 236235)

SAVAGE & LAMB, PC

1550 Humboldt Road, Suite 4

Chico, CA 95928

Telephone: (530) 809-1851

Fax: (530) 592-3865

Email: psavesq@gmail.com 

Attorneys for Movants,

MATTHEW RICCA, DIANNE S. GINGERICH

NIELS BRINGSJORD, KENDRA BRINGSJORD

AND LOGAN BRINGSJORD

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

In re

PG&E Corporation,

and 

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors.

[x] Affects both Debtors

*All paper shall be filed in the Lead 

Case, No. 19-30088-DM

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Case No. 19-30088-DM

Chapter 11

Lead Case, Jointly Administered

DECLARATION OF PATRICIA A. 

SAVAGE IN SUPPORT OF MOTION 

PURSUANT TO FED. R. BANKR. PROC. 

7015 AND 7017 TO ENLARGE TIME TO 

FILE PROOF OF CLAIM PURSUANT 

TO FED. R. BANKR. PROC. 9006(b)(1)

Date: May 9, 2023

Time: 10:00 a.m. (Pacific Time)

Place: Telephonic/Video Appearances Only

 United States Bankruptcy Court

 Courtroom 17,

 450 Golden Gate Ave., 16th Floor

 San Francisco, CA

Judge: Hon. Dennis Montali

Objection Date: April 24, 2023

I, Patricia A. Savage, declare as follows:

1. I am an attorney at law duly licensed to practice before all state and federal 

courts of the State of California.

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__________________________________________________________________________________________

2. My firm represents wildfire victims who sustained losses from the Camp Fire 

in 2018. My firm has timely filed on behalf of approximately 55 claimants with Prime 

Clerk for losses our clients suffered as a result of the Northern California Fires in 2018.

3. MATTHEW RICCA is a survivor of the Camp Fire that occurred in 2018.

MATTHEW RICCA was residing at 6087 Marty Court, Paradise, CA 95969.

4. MATTHEW RICCA was a minor at the time of the Camp Fire. Mr. RICCA 

reports he was residing at the “Marty Court” address essentially as a long-term guest of 

the homeowner, who at the time was Mr. RICCA’s girlfriend’s grandmother. Mr. RICCA 

reports that before and since the fire, he was a minor surviving on his own until the age of 

majority, suffering from the attendant hardships of that circumstance. Mr. RICCA’s date 

of birth is October 8, 2002. Due to incapacity as a minor, and due to lack of support and 

guidance regarding her rights to file a claim, Mr. RICCA did not file a timely proof of 

claim, and only recently contacted counsel.

5. Attached hereto as Exhibit A is a true and correct copy of the Proof of Claim 

we prepared for Mr. RICCA on April 6, 2023. 

6. DIANNE S. GINGERICH is a survivor of the Camp Fire that occurred on 

November 8, 2018. DIANNE GINGERICH residence was 1522, Unit B, Yeshua Way, 

Paradise, CA 95969. At the time of the fire, Ms. GINGERICH was in chico at a hostiptal 

stay. She was unable to return to her property due to many causes, and when she was 

able to return, several of her personal items were destroyed or missing. 

7. Attached hereto as Exhibit B is a true and correct copy of the Proof of Claim 

we prepared for Ms. GINGERICH on April 6, 2023. 

8. NIELS BRINGSJORD, KENDRA BRINGSJORD and LOGAN 

BRINGSJORD are survivors of the Camp Fire that occurred on November 8, 2018. 

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__________________________________________________________________________________________

Specifically, Movants lived at the property located at 4356 Cherokee Road, Oroville 

CA 95965. Since Movants’ property was not destroyed, they report that they were 

unaware that they may be eligible to file a claim for damages. As such, they only 

recently retained counsel to bring this motion. 

9. Attached hereto as Exhibit C is a true and correct copy of the Proof of Claim 

we prepared for the BRINGSJORD Family on April 6, 2023. 

10. All Statements in this declaration are based on my own personal knowledge 

and observation from my review of the court and other records in this case, or upon 

information and belief as indicated. If called to testify on these matters, I can and would 

competently testify as to the matters set forth in this declaration. 

I declare under penalty of perjury pursuant to the laws of the United States of 

America that the foregoing is true and correct. 

Executed this 10th day of April 2023, in Chico, California. 

___________________________

Patricia A. Savage

Attorney for Movants

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