- 11 U.S.C.
Sanomedics, Inc., In re
Nov
27
2023
Ruling
Creditors were unable to share in the distribution as they received sufficient notice of the finalreport and the proposed distributions but failed to timely file claims. (Bankr. S.D. Fla.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured
ABI Membership is required to access the full summary of Sanomedics, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sanomedics, Inc., In re
Nov
27
2023
Ruling
Creditors were unable to share in the distribution as they received sufficient notice of the finalreport and the proposed distributions but failed to timely file claims. (Bankr. S.D. Fla.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured
ABI Membership is required to access the full summary of Sanomedics, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gaffney, In re
Sep
29
2020
Ruling
Creditor's tardy claim could not be allowed as creditor received actual notice of thebankruptcy filing in time to inquire, learn of the claims filing deadline, and file a timelyclaim. (Bankr. C.D. Ill.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured
ABI Membership is required to access the full summary of Gaffney, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Franklin, In re
Sep
26
2018
Ruling
Court noted that it was inappropriate for the judiciary to bear the expense of a second notice to creditors who have otherwise sat on their rights and shown no interest in participating in a distribution from the bankruptcy estate. (Bankr. N.D. Ohio)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured Claims; Tardily Filed Proof of Claim.
ABI Membership is required to access the full summary of Franklin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Maui Indus. Loan & Fin. Co., In re
Sep
07
2017
Ruling
Court ordered that all timely claims be paid first before untimely-filed claims of investors. (Bankr. D. Haw.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured Claims; Tardily Filed Proof of Claim.
ABI Membership is required to access the full summary of Maui Indus. Loan & Fin. Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bird, In re
Mar
03
2017
Ruling
Court granted the trustee's motion for authority to make an interim distribution to holders ofallowed claims as it is in the best interests of the estate. (Bankr. S.D. Tex.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured Claims.
ABI Membership is required to access the full summary of Bird, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sunland Inc.
Aug
10
2015
Ruling
Late filed proof of claim had to be subordinated due to creditor's actual knowledge of the bar date and failure to inquire as to inclusion in matrix.
Issue(s)
Should late-filed proof of claim of creditor with actual personal knowledge of debtor's bankruptcy but who was not included in debtor's mailing matrix be allowed?
ABI Membership is required to access the full summary of In re Sunland Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Colonial Brokerage Inc.
Jun
17
2013
Ruling
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
Procedural posture
The Pension Benefit Guaranty Corporation ("PBGC") filed a motion seeking a determination that its claims, which were filed after the claims bar date, be accorded equal treatment with timely filed claims. The chapter 7 trustee filed an objection to the motion. After having filed a joint stipulation of relevant facts, the parties filed cross-motions for summary judgment.
ABI Membership is required to access the full summary of In re Colonial Brokerage Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Schauer
Nov
21
2012
Ruling
Creditor with actual notice and knowledge of bankruptcy filing could not file a late proof of claim.
Procedural posture
A claimant filed a proof of claim on behalf of the custodian of his Individual Retirement Account (creditor). He moved the court for allowance of his claim under 11 U.S.C.S. § 726(a)(2)(C), arguing that he did not have notice or actual knowledge in time to file a timely claim. The Trustee and a bank objected.
ABI Membership is required to access the full summary of In re Schauer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Minnix Constr. Inc.
Dec
20
2011
Ruling
Debtor's accounting firm, which was not employed by trustee, held a general unsecured claim for fees.
Procedural posture
The chapter 7 trustee objected to a priority unsecured claim filed by claimant, an accounting firm that had provided services to debtor both before and after the filing of debtor's chapter 7 case. At issue was whether the claim was properly classified as a priority unsecured claim or if, as urged by the trustee, some part of it was properly allowed as an unsecured claim and some part was properly disallowed in its entirety.
ABI Membership is required to access the full summary of In re Minnix Constr. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: