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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -1-

1970 Broadway, Suite 600 Oakland, California 94612

ERIC A. NYBERG, ESQ. (Bar No. 131105)

CHRIS D. KUHNER, ESQ. (Bar No. 173291)

KORNFIELD, NYBERG, BENDES, KUHNER & LITTLE, P.C.

1970 Broadway, Suite 600

Oakland, California 94612

Telephone: (510) 763-1000

Facsimile: (510) 273-8669

Email: e.nyberg@kornfieldlaw.com

Email: c.kuhner@kornfieldlaw.com

Attorneys for Movant Skyway Fuels, Inc.

UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

In re 

PG&E CORPORATION,

and

PACIFIC GAS AND ELECTRIC COMPANY,

Debtors.

Case No. 19-30088 DM

Chapter 11

MOTION TO ALLOW/DEEM 

TIMELY LATE FILING OF 

SKYWAY FUELS, INC. AND 

MEMORANDUM OF POINTS AND 

AUTHORITIES

Date: TBD

Time: TBD

VIA-ZOOM

Skyway Fuels, Inc. (“Movant”) files this motion to deem timely a late filed proof of claim, 

Claim No. 96401 (“Proof of Claim”), filed on January 7, 2020. This motion is filed pursuant to the 

Court’s Order Consolidating Motions to File Late Claims [Docket No. 12875].

I. SUMMARY OF ARGUMENT

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

prejudice. In this case, Movant who had its Chevron gas station in Paradise, California destroyed 

in the Camp Fire believed it was submitting its proof of claim in a timely manner. The proof of 

claim was sent to Prime Clerk, LLC (“Prime Clerk”) via-USPS Priority Mail on December 27, 2019 

Case: 19-30088 Doc# 12992 Filed: 09/21/22 Entered: 09/21/22 16:43:27 Page 1

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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -2-

1970 Broadway, Suite 600 Oakland, California 94612

for delivery on December 30, 2019. For reasons beyond the control of Movant, it appears that the 

proof of claim was not received and filed by Prime Clerk until January 7, 2020. Movant only learned 

that the Proof of Claim was deemed untimely in August of 2022.

II. FACTUAL BACKGROUND

A. Pertinent Bankruptcy Background.

On January 29, 2019, PG&E Corporation and Pacific Gas and Electric Company (“Debtors” 

or “PG&E”) commenced the above-captioned voluntary Chapter 11 cases (“Chapter 11 Cases”). 

PG&E’s Chapter 11 filings were necessitated by a confluence of factors resulting from catastrophic 

fires that occurred in Northern California prior to the Petition Date, and PG&E’s potential liabilities

arising therefrom.

The deadline for filing proofs of claim with respect to any prepetition claims including, but 

not limited to all claims of Fire Claimants, Wildfire Subrogation Claimants, Governmental Units 

and Customers, and all secured and priority claims against the Debtors was October 21, 2019 at 5:00 

p.m. (“General Bar Date”). The deadline for filing claims was extended to December 31, 2019 

(“Extended Bar Date”), solely for the benefit of any non-governmental Fire Claimants who did not 

file proofs of claim by the General Bar Date [Docket No. 4672].

B. Movant’s Claims Arising from the Camp Fire.

Movant owned and operated a Chevron gas station and Kwik Stop Mini Mart in Paradise, 

California. The gas station and mini mart were destroyed in the Camp Fire. The Property, as well 

as personal property of the Movant, was substantially damaged from fire, smoke, soot, and ash. 

C. Submission of Movant’s Proof of Claim.

Movant prepared its proof of claim for filing in a timely manner. Movant sent its proof of 

claim for filing via USPS Priority Mail. The priority mail envelope was postmarked December 27, 

2019 with an expected delivery date of December 29, 2019. Movant, in good faith, believed this 

would ensure that the proof of claim would be delivered to Prime Clerk in advance of the December 

31, 2019 deadline for submitting claims. For reasons beyond the control of Movant, the USPS either 

did not timely deliver the Priority Mail envelope to Prime Clerk or Prime Clerk did not timely stamp 

Case: 19-30088 Doc# 12992 Filed: 09/21/22 Entered: 09/21/22 16:43:27 Page 2

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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -3-

1970 Broadway, Suite 600 Oakland, California 94612

as received and filed the Proof of Claim until January 7, 2020. Movant only became aware that the 

Proof of Claim was deemed not timely in August 2022.

Thus, the Movant now brings this Motion to deem timely the Proof of Claim.

III. LEGAL ARGUMENT

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

Circumstances. Federal Rule of Bankruptcy Procedure (“FRBP”) 3003(c)(3); FRBP 9006(b)(1). The 

bankruptcy court has “broad equitable powers” in a Chapter 11 case with respect to the timing 

requirements for proofs of claim Pioneer Inventory Services v. Brunswick Associates Limited 

Partnership, 507 U.S. 380, 389 (1993). Moreover, Rule 9006(b)(1) allows “late filings caused by 

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

a 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 the following: all relevant circumstances surrounding the party’s omission, 

including (1) the danger of prejudice to the debtor, (2) the length of the delay and its potential impact 

on judicial proceedings, (3) the reason for the delayed, including whether it was within the 

reasonable control of the movant, and (4) 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 nonexhaustive list of relevant factors). Again, a late-filed proof of claim is allowable where a creditor 

had actual notice fo the bankruptcy, but, due to some external reason, failed to file a proof of claim 

or did not realize that she or he had to prior to the bar date. See, e.g., ZiLOG, Inc. v. Corning (In re 

ZiLOG, Inc.), 450 F.3d 996, 1003-1007 (9th Cir. 2006) (applying the Pioneer factors). Here, 

consideration of all four Pioneer factors–as well as the fifth engrafted onto the Pioneer analysis by 

some courts–weights in favor of the Movant.

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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -4-

1970 Broadway, Suite 600 Oakland, California 94612

In particular, there is no danger of prejudice to the Debtors in this case. Thus, the first 

Pioneer factor weights in favor of the Movants. The Debtors’ estates are solvent, and all creditors 

stand to be paid their pro rata share. See, E.G., In re Best Payphones, Inc., 523 B.R. 54, 75-76 

(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.). Second, upon learning in 

August of 2022 that the FVT was asserting that the Proof of Claim was not timely filed, Movant 

began investigating the circumstances why the proof of claim was not timely received and filed by 

Prime Clerk and filed this Motion. Movant submitted the Proof of Claim in a manner it believed in 

good faith would make sure it would be timely received by Prime Clerk. The Proof of Claim was 

sent via USPS Priority Mail four (4) days in advance of the Bar Date. For reasons out of its control, 

the USPS either did not timely deliver the Proof of Claim or Prime Clerk did not timely process and 

file the Proof of Claim. More, any prospect of prejudice beyond solvency is unlikely given that (a) 

all distributions have not yet been made; and (b) the value of Movants’ 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).

Finally, the Fire Victim Trust has been routinely permitting late proofs of claims to be 

allowed, where such tardiness is excusable under the Pioneer factors and foregoing. Only until very 

recently did the Fire Victim Trust begin to no longer sign-off on such tardy claims–without any 

consideration or individual review of each such request. In which case, the Movant contends that 

good cause exists and the Motion should be granted.

As set forth above, this Motion is filed pursuant to the Court’s Order Consolidating Motions 

to File Late Filed Claims [Docket No. 12875]. Pursuant to said order, the FVT must file any 

opposition to this Motion or a statement of non-opposition within fourteen (14) days of the filing of 

this Motion.

IV. CONCLUSION

Based upon the foregoing, the Movant hereby requests that the Court grant this Motion and

deem timely the Subject Proof of Claim.

Case: 19-30088 Doc# 12992 Filed: 09/21/22 Entered: 09/21/22 16:43:27 Page 4

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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -5-

1970 Broadway, Suite 600 Oakland, California 94612

WHEREFORE, the Movant prays for an order:

1. Granting the Motion in its entirety;

2. Finding that the Subject Proof of Claim filed by the Movant is to be allowed as having 

been timely filed; and

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

Dated: September 21, 2022

By:

Kornfield, Nyberg, Bendes, Kuhner & Little, P.C.

/s/ Eric A. Nyberg

(Bar No. 131105)

Attorneys for Movant Skyway Fuels, Inc.

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Motion to Allow/Deem Timely Late Filing of Skyway 

Fuels, Inc. -6-

1970 Broadway, Suite 600 Oakland, California 94612

DECLARATION OF SERVICE

I, the undersigned, declare:

I am employed in the City of Oakland, County of Alameda, California. I am over the age of 

18 years and not a party to this action. My business address is 1970 Broadway, Suite 600, Oakland, 

California 94612.

I am readily familiar with the business practices of my employer, Kornfield, Nyberg, Bendes, 

Kuhner & Little, P.C., for the collection and processing of correspondence for mailing with the 

United States Postal Service and that correspondence is deposited with the United States Postal 

Service that same day in the ordinary course of business unless indicated below by electronic 

service.

On September 21, 2022, I served the following documents:

MOTION TO ALLOW/DEEM TIMELY LATE FILING OF SKYWAY FUELS, 

INC. AND MEMORANDUM OF POINTS AND AUTHORITIES; AND

DECLARATION OF NARINDERJIT SINGH IN SUPPORT OF MOTION TO 

ALLOW/DEEM TIMELY LATE FILING OF SKYWAY FUELS, INC.

by placing copies of said documents in a sealed envelope by first class mail and served in the manner 

described below addressed as follows:

Via-Electronic Service

Office of the United States Trustee 

Phillip J. Burton Federal Building 

450 Golden Gate Ave. 5th Fl., 

#05-0153 

San Francisco, CA 94102

Sent Via-Email

SSieger-Grimm@brownrudnick.com

Susan Sieger-Grimm 

Brown Rudnick LLP

7 Times Square

New York, NY 10036

Sent Via-Email

jkim@kellerbenvenutti.com

Jane Kim

Keller & Benvenutti, LLP

650 California Street, Suite 1900

San Francisco, CA 94108

Sent Via-Email

egoodman@brownrudnick.com

Eric R. Goodman

Brown Rudnick LLP

7 Times Square

New York, NY 10036

I placed such envelopes for collection and mailing at my employer's office following 

ordinary business practices, addressed to the addressee designated.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st

day of September , 2022 at Danville, California.

/s/ Gail A. Michael

Case: 19-30088 Doc# 12992 Filed: 09/21/22 Entered: 09/21/22 16:43:27 Page 6

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