In re Freedom Communs. Holdings Inc.
May
31
2012
Ruling
Late-filed claim of creditor who had sufficient notice of bankruptcy case could be subordinated.
Procedural posture
The chapter 11 litigation trust filed a motion to classify the a challenged proof of claim filed by creditor, one of the debtor's former employees. The trust asserted that the claim was tardily-filed under 11 U.S.C.S. § 501(a), should be classified as a subordinated claim under the confirmed plan of reorganization.
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Court
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- 11 U.S.C.
Schnable v. Reinford (In re Reinford)
Jan
11
2011
Ruling
Adversary proceeding seeking recovery for fraud dismissed as creditor should properly have filed a proof of claim.
Procedural posture
Plaintiff filed an adversary proceeding against defendant Chapter 7 debtors, claiming that the male debtor fraudulently deprived plaintiff of his interest in real property. The court dismissed plaintiff's complaint, and plaintiff filed an amended complaint. The debtors filed a motion to dismiss the amended complaint.
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Court
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Knowles v. Bayview Loan Servicing LLC (In re Knowles)
Jan
03
2011
Ruling
Filing of proof of claim and issuance of annual tax statement by loan servicer did not violate stay.
Procedural posture
Plaintiff debtor filed a complaint against defendant loan servicer alleging violations of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C.S. § 2605 et seq., and of the automatic stay under 11 U.S.C.S. § 362. Plaintiff also sought to establish liability under 11 U.S.C.S. § 105(a). The United States Bankruptcy Court for the District of Maine entered judgments in favor of defendant. Plaintiff appealed. Defendant requested fees and costs.
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Court
:
Judge or Jurisdiction information not available
In re Davis
Jun
11
2010
Ruling
Debtor's objection to late proofs of claim filed by trustee on behalf of unspecified creditors sustained.
Procedural posture
Debtor objected to proofs of claim filed by the chapter 7 trustee on behalf of creditors pursuant to Fed. R. Bankr. P. 3004, which claims were not filed within the 30-day limitation imposed under the rules. At issue was whether the claims were properly allowed as "late-filed" claims pursuant to 11 U.S.C.S. § 726 which presumably were to be paid before any surplus was returned to debtor.
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Court
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In re Senczyszyn
Apr
07
2010
Ruling
Taxes due on return filed prior to petition date were not a postpetition debt.
Procedural posture
This matter was before the court upon an objection filed by the State of Michigan to a proof of claim filed by the debtors for 2008 income taxes owed by the debtors to the State of Michigan in the amount of $ 1,900.
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Court
:
In re Hight
Mar
24
2010
Ruling
State's objection to debtor's filing of proof of claim for state income tax on the state's behalf overruled.
Procedural posture
A debtor filed a bankruptcy petition before filing a state income tax return for the prior calendar year, and the debtor did not file the return until shortly before the date the return was required to be filed. The State of Michigan objected to the debtor's filing of a proof of claim on the State's behalf for the income taxes due on the return.
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Court
:
Giant Eagle Inc. v. Phar-Mor Inc.
May
19
2008
Ruling
Disallowance of lessor creditor's claim for future rent damages reversed.
Procedural posture
Appellant lessor challenged the decision entered by the District Court for the Northern District of Ohio that disallowed the lessor's claim for future-rent damages that arose from appellee's, the bankrupt lessee's, rejection of a lease for personal property, which was disallowed on the basis that a substitute lease for that property would have mitigated the claimed damages.
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Court
:
Judge or Jurisdiction information not available
In re Rowe Furniture Inc.
May
08
2008
Ruling
Timely claim wrongly filed in case of debtor's parent could not be allowed in debtor's case where bar date had passed.
Procedural posture
A creditor filed proofs of claim in the bankruptcy case of a bankruptcy debtor's parent company, and the claims bar date in the debtor's case passed before the parent company successfully objected to the creditor's claims on the ground that the claims were filed in the wrong case. The creditor moved to allow the claims as amendments to the timely filed claims in the parent company's case, or as deemed filed in the debtor's case.
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Court
:
In re Rowe Furniture Inc.
Mar
04
2008
Ruling
Objection to debtor's sale of assets was sufficient to constitute informal proof of claim.
Procedural posture
Before the court were three motions by a claimant, a distressed debt buyer, to allow a total of thirteen claims it filed after the claims bar date in the aggregate amount of $ 196,589 as amendments of claims that were timely-filed in the related case of debtor's parent holding company. The motion was opposed by the chapter 7 trustee.
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Court
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