- 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
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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.
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:
- 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.
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:
- 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?
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:
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.
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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.
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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.
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:
- 11 U.S.C.
In re Winter Mfg.
Mar
02
2010
Ruling
Late filed proof of claim allowed due to lack of service of notice of case or bar date.
Procedural posture
In a debtor's chapter 7 case, movant creditors filed a motion to enlarge the time to file a proof of claim.
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Court
:
- 11 U.S.C.
In re Cincom iOutsource Inc.
Nov
20
2008
Ruling
Proof of claim failed after creditor was added to amended schedule was deemed timely.
Procedural posture
Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
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Court
:
- 11 U.S.C.
In re Neilsen
Nov
22
2006
Ruling
Creditor with notice who failed to advise court of correct mailing address was not entitled to file late proof of claim based on failure of notice of distribution.
Procedural posture
Creditor filed a motion to allow a late filed proof of claim, seeking a ruling that the tardily filed claim could be treated as a timely filed claim and share in distributions pro rata with timely filed claims under 11 U.S.C. § 726(a)(2)(C).
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: