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SULLIVAN HILL REZ & ENGEL

A Professional Law Corporation

James P. Hill, SBN 90478

Gary B. Rudolph, SBN 101921

Christopher V. Hawkins, SBN 222961

600 B Street, Suite 1700

San Diego, CA 92101

Telephone: (619) 233-4100

Facsimile: (619) 231-4372

E-mail: hill@sullivanhill.com;

rudolph@sullivanhill.com

 hawkins@sullivanhill.com

Counsel for Certain Claimants

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT CALIFORNIA OF SAN FRANCISCO DIVISION

In re: 

PG&E CORPORATION 

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

□ Affects PG&E Corporation

□ Affects Pacific Gas and Electric Company

■ Affects both Debtors

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Case No. 19-30088 (DM)

Chapter 11 

(lead case) 

(jointly administered)

MOTION TO ALLOW/DEEM 

TIMELY LATE FILING OF 

PROOF OF CLAIM BY 

CERTAIN CLAIMANTS; 

MEMORANDUM OF POINTS 

AND AUTHORITIES 

Place: Telephonic/Video 

Appearances Only: United States Bankruptcy Court 450 Goldengate Avenue

 Courtroom 16, 17th Flr San Francisco, CA 94102

Judge: Hon. Dennis Montali

Objection Deadline: May 19, 2023

(May 22, 2023 if served by mail–

FRBP 9006(f)

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 1

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TO THE HONORABLE DENNIS MONTALI, UNITED STATES BANKRUPTCY 

COURT JUDGE, THE OFFICE OF THE UNITED STATES TRUSTEE, AND 

ALL INTERESTED PARTIES: 

Frantz Law Group, APLC, represents thousands of victims of the fires started by 

PG&E in 2017 (generally referred to as the “North Bay Fires”) and 2018 (“Camp Fire”). 

This motion is filed on behalf of the claimants (collectively, “Claimants”) listed on 

Exhibit “A” to the Declaration of Regina Bagdasarian filed concurrently herewith 

(“Bagdasarian Declaration”) to deem timely the late filing of their Proofs of Claim

(“Motion”). 

I. FACTUAL BACKGROUND

Each of the Claimants is a victim of one of the fires listed above. Each of the

Claimants suffered enormously as a result of the fires. Each holds a claim against the

Fire Victims Trust (“Trust”) and is clearly deserving of compensation.

On September 20, 2022, the Court entered an order (ECF 12983) providing that 

certain claimants, including the Claimants at issue in this Motion, had until

September 30, 2022 to file Proofs of Claim and notify the Fire Victim Trustee

(“Trustee”) about such filing.

On the same date, the Court entered another order (ECF 12985) providing that 

certain other of the Claimants had until September 30, 2022 to file Proofs of Claim and 

notify the Trustee about such filing.

Despite the foregoing, the proofs of claim were not filed with the Court timely. 

This was purely a result of inadvertence. The law firm representing the Claimants at the 

time DID file Proofs of Claim as exhibits in connection with the pleadings that led to the 

two orders described above.1 The law firm did NOT, however, file the Proofs of Claim 

properly–as stand-alone Proofs of Claim on the claims register. See the Declaration of 

1 Proofs of Claims were filed as exhibits for all Claimants except Michael and Sharan Keene.

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#5468723v4

Regina Bagdasarian filed concurrently herewith (“Bagdasarian Declaration”), ¶ 2. 

That filing and notice is now complete. See the Bagdasarian Declaration, ¶ 3 

Because the late filing of the claims was a consequence of excusable neglect and 

made in good faith, and because the delay will cause no prejudice to these fully solvent 

debtors or the Trust, this Motion should be granted and the Court should enter an order 

in substantially the form attached as Exhibit 1 hereto deeming the Claimants’ Proofs of 

Claim to have been timely filed. See the Bagdasarian Declaration, ¶ 4. 

Pursuant to this Court’s Revised Order Consolidating Motions to File LateClaims 

[ECF 13010], the deadline for any party, including the Fire Victims Trust (“FVT”), 

to oppose this Motions is May 19, 2023 (i.e., “within 14 days of the filing of the 

motion”), or by May 22, 2023 if served by mail pursuant to FRBP 9006(f). 

If the FVT objects to any such motion(s), it needs to file its objection as 

required by the Consolidation Orders, including a brief statement of the 

nature of the objection. The objection(s) should be filed and served on the 

movant or counsel, and should include a notice that the objection(s) will be 

heard on the next regular PG&E all-purpose calendar date that is at least 

fifteen (15) days from the date of the objection. Available dates in 2022 are: 

November 2, 15, 30, December 13, 20 and later dates are posted on the 

court’s website. The hearings will be governed by B.L.R. 9014-1(b)(3)(C). 

ECF 1310, ¶ 3.

II. LEGAL AUTHORITY

In Chapter 11 proceedings, bankruptcy courts have broad discretion to accept late

filings, including proofs of claim, where tardiness is the consequence of “excusable 

neglect.” Fed. R. Bank. Pro. 9006(b)(1). This standard is “flexible,” and permits the 

Court to allow “late filings caused by inadvertence, mistake, or carelessness, as well as 

by intervening circumstances beyond the party’s control.” Pioneer Inv. Servs. Co. v. 

Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 388 (1993). 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 

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#5468723v4

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].”).

Courts considering whether a creditor’s failure was the product of “excusable 

neglect,” should take into “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, 1006 (9th 

Cir. 2006) (noting the non-exhaustive list of relevant factors set forth in Pioneer). A 

proof of claim filed late 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 Zilog Inc. v. Corning (In re Zilog, Inc.), 450 F.3d 996, 

1003-07 (9th Cir. 2006) (applying the Pioneer factors). Rule 9006(b)(1) allows “late 

filings caused by inadvertence, mistake, or carelessness, as well as those caused by 

intervening circumstances beyond the party's control.” Pioneer, 507 U.S. at 381. The test 

for excusable neglect is “at bottom an equitable [inquiry].” Pioneer Inv. Servs. Co., 

507 U.S. at 395. 

III. ARGUMENT

Here, all four Pioneer factors weigh in favor of deeming the claims to be timely

filed.

No Prejudice

First, doing so will not prejudice these debtors or the Trust. The value of the 

claims is marginal relative to the Debtors’ estates and the allowance of those claims will 

not disrupt the reorganization or distribution process. Debtors’ estates are solvent, and 

all creditors will be paid. See the Bagdasarian Declaration,¶ 5. See 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 

--------------------

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 4

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

allowance as a tardily filed claim only.). Making this point of no prejudice abundantly 

clear, counsel for the Trust has informed the Claimants that the Trust will be filing a 

certificate of nonopposition. See the Bagdasarian Declaration,¶ 6. 

No Impact on the Proceedings

Second, despite the late filing, allowing the claims will have essentially zero 

impact on the judicial proceedings and will not change the debtors’ reorganization 

process or the administration of the Trust. There are tens of thousands of similarly 

situated claimants. The Claimants’ claims will be placed among them, resulting in no 

noticeable impact upon the distribution process. See the Bagdasarian Declaration, ¶ 7; 

see also In re Dix, 95 B.R. 134, 138 (B.A.P. 9th Cir. 1988) (allowing proof of claim filed 

two-years late because “there is no indication [of] a negative impact on efficient court 

administration”); In re Earth Rock, Inc., 153 B.R. at 63 (finding excusable neglect where 

eight-month delay would not impact reorganization proceedings).

Claimants Should Not Be Penalized for Firm’s Inadvertence

Third, as to the reason for the delay, the law firm’s failure to file the claims timely 

was purely a result of inadvertence–for which the Claimants should not suffer a result as

draconian as disallowance. It was clearly not within the control of the Claimants. See the 

Bagdasarian Declaration, ¶ 8. 

Claims in Good Faith

Fourth, the claims were made in good faith. There is no allegation otherwise, and 

as described above, the Claimants have been informed by counsel for the Trust that the 

Trust will be filing a certificate of nonopposition to the Motion. See the Bagdasarian

Declaration,¶ 9. 

It is abundantly clear that the four Pioneer factors weigh strongly in favor of 

deeming the claims to be timely filed.

------------

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 5

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IV. CONCLUSION

For the foregoing reasons, this Motion should be granted, and the Court should

enter an order in substantially the form attached as Exhibit “1” hereto deeming the 

Claimants’ Proofs of Claim to have been timely filed. 

Dated: May 5, 2023 SULLIVAN HILL REZ & ENGEL

A Professional Law Corporation

By: /s/ Christopher V. Hawkins

James P. Hill 

Christopher V. Hawkins

Counsel for Certain Claimants

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 6

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Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 7

Exhibit 1

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416465-v1 - 1 -

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SULLIVAN HILL REZ & ENGEL

A Professional Law Corporation

James P. Hill, SBN 90478

Gary B. Rudolph, SBN 101921

Christopher V. Hawkins, SBN 222961

600 B Street, Suite 1700

San Diego, CA 92101

Telephone: (619) 233-4100

Facsimile: (619) 231-4372

E-mail: hill@sullivanhill.com;

 rudolph@sullivanhill.com

 hawkins@sullivanhill.com

Counsel for Certain Claimants

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT CALIFORNIA OF SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

□ Affects PG&E Corporation

□ Affects Pacific Gas and Electric 

Company

■ Affects both Debtors

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Case No. 19-30088 (DM) Chapter 11 (lead case)

(jointly administered)

ORDER ON MOTION TO 

ALLOW/DEEM TIMELY LATE 

FILING OF PROOF OF CLAIM 

BY CERTAIN CLAIMANTS

/ / /

/ / /

/ / /

/ / /

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 8

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#5472920v1 - 2 -

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The Court having considered the Motion to Allow/Deem Timely Late Filing of

Proof of Claim filed by those claimants listed on Exhibit “A” hereto (“Claimants”);

and good cause appearing therefor,

IT IS HEREBY ORDERED THAT the claims of the Claimants are deemed 

timely filed with the Court and noticed to the Fire Victims Trust.

** END OF ORDER**

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 9

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EXHIBIT “A” 

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 10

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#5469148v2

Name as it will appear in 

the Mo�on

Claim No.

Bryan Navarro ASHVP27402[[CSLT# 4025#CF]]

Jason Navarro ASHVP27402[[CSLT# 4025#CF]]

Heather Navarro ASHVP27402[[CSLT# 4025#CF]]

Kelly Navarro ASHVP27402[[CSLT# 4025#CF]]

Vincent Raczynski FOSOL27402[[CSLT# 4025#CF]]

Lisa Raczynski FOSOL27402[[CSLT# 4025#CF]]

Linnise Maria Montgomery EOSZE27402[[CSLT# 4025#CF]]

David Montgomery EOSZE27402[[CSLT# 4025#CF]]

Jesse McCord GFRED27402[[CSLT# 4025#CF]]

Christa McCord GFRED27402[[CSLT# 4025#CF]]

Tenli McCord GFRED27402[[CSLT# 4025#CF]]

Viggo McCord GFRED27402[[CSLT# 4025#CF]]

Luke McCord GFRED27402[[CSLT# 4025#CF]]

Jason McCord SCVLT27402[[CSLT# 4025#CF]]

Jordan McCord SCVLT27402[[CSLT# 4025#CF]]

Taylor McCord SCVLT27402[[CSLT# 4025#CF]]

Maria McCord SCVLT27402[[CSLT# 4025#CF]]

A�lavea Togafau SCVLT27402[[CSLT# 4025#CF]]

Kealia McCord !***F27402[[CSLT#4025#CF]]

Gary Lynn Koch FZUXO27402[[CSLT# 4025#CF]]

Lorraine Gail Koch FZUXO27402[[CSLT# 4025#CF]]

Michael Keene UE*AN27402[[CSLT# 4025#CF]]

Sharan Keene UE*AN27402[[CSLT# 4025#CF]]

Tyler Allen Dwelle VVUWZ27402[[CSLT #4025#CF]]

Case: 19-30088 Doc# 13701 Filed: 05/05/23 Entered: 05/05/23 11:36:24 Page 11

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