Skubal, In re
Dec
14
2018
Ruling
Court disallowed legal fees charged to the bankruptcy estate to defend a dischargeable credit card claim as the trustee improperly took on the role of "defending" the claim. (Bankr. E.D. Va.)
Issue(s)
Filing of Proofs of Claims or Interests; Debtor or Trustee.
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Court
:
- 11 U.S.C.
Burtanog, In re
Oct
12
2017
Ruling
Movant's motion to allow Late Claim denied as court held that excusable neglect is notavailable as grounds for leave to file an untimely proof of claim in a chapter 13 case. (Bankr.S.D. Ala.)
Issue(s)
Filing of Proofs of Claims or Interests.
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Court
:
Glass Men of St. Tammany, LLC, In re
Sep
06
2017
Ruling
Trustee properly filed proofs of claim on behalf of unsecured creditors which did not file proofs of claim. (Bankr. E.D. La.)
Issue(s)
Filing of Proofs of Claims or Interests; Debtor or Trustee.
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Court
:
Johnson v. Midland Funding LLC
May
24
2016
Ruling
Filing of time-barred proof of claim opened creditor up to liability under the Fair Debt Collection Practices Act.
Issue(s)
Did a creditor violate the Fair Debt Collection Practices Act by knowingly filing a proof of claim for a debt that is time-barred?
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Court
:
Judge or Jurisdiction information not available
Belser v. Nationstar Mortg. LLC (In re Belser)
Aug
06
2015
Ruling
Creditor's objection to confirmation constituted an informal proof of claim so that late filed proof of claim was properly allowed as an amendment.
Issue(s)
Was creditor's objection to confirmation an informal proof of claim so that subsequent late filing could be considered an amended proof of claim?
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Court
:
Judge or Jurisdiction information not available
In re Green
May
08
2015
Ruling
Postconfirmation amendment of proof of claim filed by debtor on creditor's behalf when creditor originally failed to file denied.
Issue(s)
Could creditor that did not file a proof of claim by the bar date amend the claim filed by the debtor on its behalf to increase the claim amount?
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Court
:
- 11 U.S.C.
In re Hardin & Co.
Mar
14
2014
Ruling
Objection to properly filed proof of claim overruled as a de facto appeal of state court summary judgment ruling that was protected by the Rooker-Feldman doctrine.
Issue(s)
Should debtor's objection to claim based on state court judgment debtor claimed was erroneous be sustained?
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Court
:
- 11 U.S.C.
In re Jag Constr. Servs.
Jul
16
2013
Ruling
Claim for tugboat rental invoices allowed in reduced amount where parties never agreed on compensation.
Procedural posture
Debtor filed for relief under chapter 11 of the Bankruptcy Code. Creditor filed a proof claim and an amended claim under 11 U.S.C.S. § 501 asserting a claim for $66,300 for invoices regarding a tugboat rental. The debtor objected to the proof of claim.
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Court
:
In re Vancleef
Sep
28
2012
Ruling
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
Procedural posture
Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
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Court
:
In re Nelson
Jun
25
2012
Ruling
Timely income tax claims by IRS did not preclude debtor from filing claims on behalf of IRS for withholding taxes and penalties.
Procedural posture
Debtors filed proofs of claim on behalf of the Internal Revenue Service (IRS) for withholding payroll taxes and penalties due from the debtors' business. The bankruptcy trustee moved to disallow the claims as improperly filed and untimely.
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Court
: