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Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/21 14:52:42 Desc Main <br /> Document Page 1 of 40 <br /> UNITED STATES BANKRUPTCY COURT <br /> FOR THE SOUTHERN DISTRICT OF OHIO <br /> WESTERN DIVISION OF DAYTON <br /> IN RE: <br /> HOPEDALE MINING LLC,ET AL., CHAPTER 11 <br /> Debtor CASE NO.: 20-12043 <br /> MOTION TO DEEM LATE FILED PROOFS OF CLAIM AS TIMELY FILED <br /> COMES NOW Kenneth Cole and Billie Cole. (hereinafter "Claimant"), by and through <br /> undersigned Counsel, Pierson Legal Services, and files this Motion to Deem Late Filed Proofs of <br /> Claim as Timely Filed, and, in support thereof, states as follows: <br /> BACKGROUND <br /> 1. On July 22, 2020, Hopedale Mining LLC. (hereinafter "Hopedale")and Cam <br /> Mining LLC (hereinafter "Cam Mining") (collectively hereinafter "Debtors") filed voluntary <br /> petitions for relief under Chapter 11 of the Bankruptcy Code. By order of the Court entered on <br /> July 22, 2020, the Debtors' bankruptcy cases are being jointly administered under the above <br /> caption and docket. See Dkt. No. 4. <br /> 2. On October 15, 2020, the Court set December 17, 2021 (hereinafter the "Claims <br /> Bar Date") as the last day to file Proofs of Claim. See Dkt. No. 481. <br /> NATURE OF CLAIMS <br /> 3. The Claimant, Kenneth Cole was an employee of Cam Mining in its surface coal <br /> mining operation. <br /> 4. Kenneth Cole was employed by Cam Mining as a Loader Operator, with duties <br />