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Rule 1007

In re Meany

Mar
07
2008
Ruling
Debtor allowed to reopen case to obtain discharge as failure to timely obtain financial management counseling was due to excusable neglect.
Procedural posture

Debtor filed a pro se voluntary petition for relief under chapter 11 of the Bankruptcy Code in July 2007. The case was converted to one under chapter 7, but it was closed without entry of a discharge order because the debtor had not completed a course in personal financial management within the time prescribed by Fed. R. Bankr. P. 1007. The debtor filed a motion to reopen his case, and a creditor filed an objection to that motion.

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Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0408-064
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Borden v. Brunswick Baptist Church (In re Brunswick Baptist Church)

Jan
16
2007
Ruling
Debtor properly sent notice of bar date to creditors where creditors' attorney failed to request service.
Procedural posture

In appellee debtor's chapter 11 petition, appellant creditors were named on the debtor's list of creditors but their counsel was not listed. The creditors filed unsecured proofs of claim nearly three months after the deadline to file claims (bar date), and the bankruptcy court denied the creditors' motion seeking to enlarge the period in which to file proofs of claim. The creditors appealed.

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opinion summary, case decided on January 16, 2007 , LexisNexis #0207-070
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In re Melton

Oct
30
2006
Ruling
Application to employ professionals was effective as of date filed and did not relate back to petition date.
Procedural posture

A chapter 11 debtor filed applications to obtain nunc pro tunc court approval to employ an attorney and accountant to represent him in his bankruptcy case. The United States Trustee questioned the debtor's request to approve employment retroactive to the date the bankruptcy petition was filed.

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opinion summary, case decided on October 30, 2006 , LexisNexis #1206-114
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