Johnson, In re
Jun
13
2025
Ruling
Court allowed late-filed rejection damages claim as debtor’s plan was filed after bar date, preventing earlier notice. (Bankr. E.D.N.Y.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Rejection of Executory Contract or Unexpired Lease Claims.
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Court
:
- FRBP
Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)
Mar
25
2016
Ruling
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
Issue(s)
Whether the bankruptcy court erred in enlarging time for a creditor to file an unsecured claim?
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re McCutchen
Sep
04
2015
Ruling
Excusable neglect does not apply in chapter 7 cases to allow late filing of claims.
Issue(s)
Were judgment creditors who failed to file a timely proof of claim in chapter 7 debtor's case entitled to have their late proof of claim allowed pursuant to "excusable neglect?"
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Court
:
- FRBP
In re Pajian
May
11
2015
Ruling
Secured creditors are subject to the 90-day filing deadline in Rule 3002(c).
Issue(s)
Whether a bankruptcy court erred when it overruled a chapter 13 debtor's objection to a bank's proof of claim on the basis of its holding that the 90-day deadline in Fed. R. Bankr. P. 3002(c) did not apply to secured creditors.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Gomes
Jan
14
2015
Ruling
Creditor's meritless objection to debtor's chapter 13 plan was not an informal proof of claim.
Issue(s)
Whether creditor's plan objection constituted a timely filed informal proof of claim (POC), suitable for amendment by a formal POC.
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Court
:
- FRBP
Fiducia v. Jernigan (In re Jernigan)
Dec
06
2013
Ruling
Fate filed proof of claim allowed due to lack of timely actual notice or knowledge of the case.
Issue(s)
Could late filed proof of claim be allowed where creditor did not receive notice.
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Court
:
- FRBP
In re Batista-Sanechez
Oct
25
2013
Ruling
Motion for relief from stay was not an allowable informal proof of claim and late filed proof of claim was disallowed.
Issue(s)
Could late filed proof of claim be allowed or could earlier motion for relief from stay be considered an informal proof of claim.
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Court
:
In re Haran
Aug
14
2013
Ruling
Amended deficiency claim relating back to original claim was not time barred.
Issue(s)
Was an amended deficiency claim, filed after foreclosure on the debtor's residence and arising from the same obligation as the original claim, time barred.
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Court
:
- FRBP
In re Dumain
May
08
2013
Ruling
Secured creditors must file proofs of claim by bar date in chapter 13 cases.
Procedural posture
Chapter 13 debtor objected to the secured claim of creditor bank, alleging that the claim should be disallowed as late-filed pursuant to Fed. R. Bankr. P. 3002(c) because it was filed after the claims bar date.
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Court
:
- FRBP
In re Garza
Oct
01
2012
Ruling
Mortgage creditor waived right to collect deficiency based on escrow shortage due to failure to comply with notice requirement.
Procedural posture
A creditor filed two notices of payment change under Fed. R. Bankr. P. 3002.1 to increase the chapter 13 debtors' mortgage payment due to an escrow shortage that occurred over the plan period from 2008 to 2012 and to increase the escrow payment to provide for a two-month reserve. The chapter 13 debtor filed objections to the notices and requested the award of attorney's fees and other affirmative relief.
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Court
: