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IN RE WHEATFIELD BUSINESS PARK, LLC

BAP No. CC-03-1282-MePMo, Bankruptcy No. LA 02-21691-SB.

308 B.R. 463 (2004)

In re WHEATFIELD BUSINESS PARK, LLC, Debtor. Hi-Tech Communications Corp., Appellant, v. Poughkeepsie Business Park, LLC, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 2, 2004.

Attorney(s) appearing for the Case

Anthony Friedman, Rein, Evans & Sestanovich, LLP, Los Angeles, CA, for Hi-Tech Communications Corporation.

Michael H. Weiss, Fainsbert, Mase & Snyder, LLP, Los Angeles, CA, for Poughkeepsie Business Park, LLC.

Before MEYERS, PERRIS and MONTALI, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge.

I

Creditor Hi-Tech Communications Corporation ("Appellant") appeals the bankruptcy court's order granting the motion of Poughkeepsie Business Park ("Debtor") to disallow Appellant's claim in its entirety because Appellant failed to timely file a proof of claim. We REVERSE.

II

FACTS

The relevant facts are undisputed. Debtor filed a petition for relief under Chapter 11

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