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§ 501(a)

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
Consumer opinion summary, case decided on May 24, 2016 , LexisNexis #0616-043
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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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Commercial opinion summary, case decided on May 31, 2012 , LexisNexis #0612-082
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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
Consumer opinion summary, case decided on January 03, 2011 , LexisNexis #0111-140
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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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Commercial opinion summary, case decided on May 08, 2008 , LexisNexis #0608-040
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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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Commercial opinion summary, case decided on March 04, 2008 , LexisNexis #0508-007
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