- 11 U.S.C.
In re Clark
Oct
10
2014
Ruling
Debtor's former spouse's untimely claim allowed as unsecured.
Issue(s)
Should untimely claim of debtor's former spouse be allowed as a timely priority claim or disallowed?
ABI Membership is required to access the full summary of In re Clark 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 Brown
Mar
17
2014
Ruling
Appeal of granting of relief from stay dismissed due to debtor's lack of standing and inability to show reversal would lead to surplus.
Issue(s)
Was creditor that acquired mortgage from prior holder after petition date properly granted relief from stay to proceed against property that trustee planned to abandon?
ABI Membership is required to access the full summary of In re Brown 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
:
In re van Bible
Jun
05
2012
Ruling
Tardily filed claim allowed over debtor's objection but subordinated to timely filed claims.
Procedural posture
A creditor filed its proof of claim in the amount of $2.5 million. The claim was based on a pending lawsuit filed by the creditor against debtor in the Circuit Court for Scott County, Tennessee. This proceeding was before the court on the objection to claim and motion for disallowance filed by debtor, the answer to the objection to claim and the motion for allowance filed by a creditor, and debtor's reply.
ABI Membership is required to access the full summary of In re van Bible Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Zedbley v. First Horizon Home Loans (In re Ong)
Apr
23
2012
Ruling
Proof of claim filed within 30 days after order avoiding lien was considered timely.
Procedural posture
Before the court in debtors' chapter 7 case was objector trustee's objection to proof of claim 6. Respondent was a mortgage creditor (claimant).
ABI Membership is required to access the full summary of Zedbley v. First Horizon Home Loans (In re Ong) 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
:
- 11 U.S.C.
In re B&P Baird Holdings Inc.
Nov
22
2011
Ruling
Debtor and shareholder lacked standing to object to trustee's settlement of claim given lack of surplus assets.
Procedural posture
The chapter 7 debtor, a corporation, filed an objection to a claim, and the chapter 7 trustee filed a motion to approve a settlement. The court considered whether the debtor and its shareholder had standing to be heard with respect to these contested matters.
ABI Membership is required to access the full summary of In re B&P Baird Holdings 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 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.
ABI Membership is required to access the full summary of In re Winter Mfg. 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 Carpenter
Dec
28
2009
Ruling
Untimely filed judgment claim by creditor city based on income tax debt was not entitled to priority.
Procedural posture
The chapter 7 debtors and a creditor (a city) filed a joint objection to a chapter 7 trustee's final report. The trustee filed an objection to the city's proof of claim. The debtors and the city alleged that the city's judgment debt constituted a withholding tax pursuant to 11 U.S.C.S. § 507(a)(8)(C) rather than an income tax under § 507(a)(8)(A).
ABI Membership is required to access the full summary of In re Carpenter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: