In re Meier
Sep
15
2015
Ruling
Reconsidered claim for postpetition, preconversion marital support owed to debtor's former spouse allowed over debtor's objection.
Issue(s)
Could claim for claim for postpetition, preconversion marital support owed to debtor's former spouse be allowed over debtor's objection?
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Court
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In re Thompson
Jul
22
2015
Ruling
Reimbursement of mortgage payments on disallowed claim ordered paid to chapter 13 trustee rather than debtor on reconsideration.
Issue(s)
On remand, should the bankruptcy court reaffirm its order for bank to refund mortgage payments made by debtor on disallowed claim?
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Court
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In re Chaffee
Jul
01
2014
Ruling
Objection to proof of claim sustained on reconsideration due to mortgage creditor's improper inclusion of daily interest in addition to late charges.
Issue(s)
Whether a "simple daily interest" method of calculation violated state limitations on late charges and debtor's objection to the proof of claim should be sustained on reconsideration?
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Court
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In re Quintero
Jun
19
2014
Ruling
Objection to proof of claim overruled without prejudice as filed prematurely.
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Court
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Surabian v. Picard (In re Bernard L. Madoff Inv. Sec. LLC)
Mar
31
2014
Ruling
Bankruptcy court did not err in denying reconsideration of order for expungement of claims.
Issue(s)
Were appellants who filed claims against the estate of Bernard L. Madoff Investment Securities LLC entitled to reconsideration of the bankruptcy court order which expunged those claims on grounds that Madoff records did not show any evidence of appellants' investments?
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Court
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In re Irwin Mortg. Corp.
Jan
28
2013
Ruling
Reconsideration of disallowance of claims granted only if creditors' attorney paid debtor's legal fees and expenses for litigating claims.
Procedural posture
After the court disallowed certain claims when their attorney failed to file the disclosure required for creditors who were acting in concert to advance their common interests under Fed. R. Bankr. P. 2019(b), the attorney sought reconsideration of the disallowance order under Fed. R. Civ. P. 60(b) or under 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008.
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Court
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National Capital Mgmt. LLC v. Herman
Sep
29
2011
Ruling
Bankruptcy court did not abuse discretion in denying reconsideration of disallowance of post- confirmation, post-discharge amended proof of claim.
Procedural posture
Appellant creditor challenged a decision of the United States Bankruptcy Court for the Middle District of Florida, which denied its motion for reconsideration of a bankruptcy court order disallowing the creditor's unsecured claim made in appellee debtor's Chapter 13 bankruptcy proceeding.
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Court
:
Jones v. Carrington Mortg. Servs. LLC
Mar
22
2011
Ruling
Reconsideration of allowance of mortgage claim based on chain of ownership denied.
Procedural posture
Debtor sought reconsideration of allowance of creditor's mortgage claim, challenging whether creditor was the actual holder of the note the mortgage secured.
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Court
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In re Franklin
Mar
04
2011
Ruling
Creditor could not file proof of claim after bar date and plan confirmation.
Procedural posture
The creditor in a Chapter 13 bankruptcy case sought relief from the claim bar date to file a proof of claim for residential mortgage arrearages.
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Court
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In re George
Apr
01
2010
Ruling
Post-confirmation claim characterizing debt as unsecured did not relate back to creditor's timely secured claim and was untimely.
Procedural posture
Creditor, holder of a second mortgage on a home, filed a claim after confirmation of the debtors' chapter 13 plan. The claim transformed the character of the creditor's debt from secured to unsecured. The debtors objected to the claim as untimely.
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Court
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