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
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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
:
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
:
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
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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
:
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
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