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§ 726(a)(3)

Clouse, In re

Oct
29
2020
Ruling
Tardily filed unsecured proof of claim allowed but subordinated to timely filed claims. (Bankr.D. Neb.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Tardily Filed Claims.

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Consumer opinion summary, case decided on October 29, 2020 , LexisNexis #1220-069
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In re J. Co. Med. Mgmt.

Nov
06
2014
Ruling
Claim filed more than ten years after bar date disallowed.
Issue(s)
Was creditor entitled to seek payment from debtor whose bankruptcy failed chapter 11 concluded more than six years earlier and bar date had expired more than 11 years earlier?

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Commercial opinion summary, case decided on November 06, 2014 , LexisNexis #0614-026
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In re MMH Auto Group LLC

Dec
05
2008
Ruling
Untimely filed claim subordinated to all timely filed claims.
Procedural posture

Movant, the chapter 7 trustee, asked the court to deem untimely a claim filed by the brother of the owner of debtor corporation, which debtor had owned an auto dealership, and to subordinate such claim to all timely-filed claims in certain substantively consolidated cases pursuant to 11 U.S.C.S. § 726(a)(3).

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Commercial opinion summary, case decided on December 05, 2008 , LexisNexis #0309-138
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In re Fink

Mar
15
2007
Ruling
Adversary proceeding and motion for relief from stay did not constitute informal proof of claim.
Procedural posture

The matter was before the court in connection with the chapter 7 trustee's objection to a proof of claim filed by a claimant, debtor's ex-wife.

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opinion summary, case decided on March 15, 2007 , LexisNexis #0507-101
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In re Larison

Dec
20
2006
Ruling
Proof of claim filed more than 30 days after close of adversary proceeding from which it arose was to be treated as an untimely, unsecured claim.
Procedural posture

A chapter 7 trustee filed a motion seeking approval of a proposed final accounting and distribution of the assets from two joint debtors'bankruptcy estate. A creditor filed an objection, contending that it had timely filed its unsecured claim under 11 U.S.C. § 502(h) and was entitled to full payment of it.

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opinion summary, case decided on December 20, 2006 , LexisNexis #0207-100
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Hollingsworth v. Kaler (In re Hollingsworth)

Oct
03
2005
Ruling
Creditor who filed proof of claim eight months late was entitled to payment since debtor did not timely object and sufficient funds remained to make payment.
Procedural posture

Pro se appellant bankruptcy debtor asserted that appellee trustee improperly paid the claims of a creditor which were not timely filed. The debtor appealed the order of the bankruptcy court that approved the trustee's final report which provided for payment of the late claims.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on October 03, 2005 , LexisNexis #0106-060
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