- FRBP
In re Moore
Apr
10
2012
Ruling
Excusable neglect was not valid basis for extension of time to file late proof of claim.
Procedural posture
A creditor which held a judgment against a bankruptcy debtor asserted that the creditor's failure to file a proof of claim was the result of excusable neglect. The creditor moved for leave to file a late proof of claim and also asserted that the debtor's unsecured debt exceeded the debt limit for eligibility for chapter 13 bankruptcy relief.
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Court
:
- FRBP
In re Carr
Mar
19
2012
Ruling
Claim for attorneys' fee for preparing response to notice of final cure payment denied as task was administrative in nature.
Procedural posture
A bankruptcy debtor successfully completed her chapter 13 plan which included a cure of an arrearage in the debtor's home mortgage payments. The bankruptcy trustee objected to the mortgage creditor's claim for a fee for preparing a response to the trustee's notice of a final cure payment under Fed. R. Bankr. P. 3002.1.
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Court
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In re Channakhon
Feb
24
2012
Ruling
Creditor's late amended claim allowed over trustee's objection.
Procedural posture
An unsecured creditor of chapter 7 debtors objected to the chapter 7 trustee's final report.
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Court
:
- FRBP
In re Sykes
Apr
06
2011
Ruling
Untimely proofs of claim disallowed on trustee's objection.
Procedural posture
In separate Chapter 13 cases, bankruptcy debtors failed to list creditors on their schedules, and the creditors filed proofs of claim after the bar date for filing such claims under Fed. R. Bankr. P. 3002. The trustee objected to allowance of the creditors' claims.
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Court
:
- FRBP
In re Shanks
Feb
22
2011
Ruling
Motion for relief from stay did not constitute an informal proof of claim that would prevent disallowance of late-filed proof of claim.
Procedural posture
A chapter 13 debtor filed an objection to a proof of claim filed by a creditor as untimely under Fed. R. Bankr. P. 3002(c). The creditor alleged that a relief from stay motion that he filed before the claims bar date should be deemed an informal claim to which the untimely claim should relate back.
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Court
:
- FRBP
In re Dozier
Nov
19
2010
Ruling
Proof of claim filed four years after bar date disallowed but would not be discharged.
Procedural posture
Almost four years following the bar date for filing claims in a chapter 13 case, a creditor filed a claim based on a revived state court judgment. The debtor argued that the claim was time-barred, that the revival state court proceeding was void as a violation of the automatic stay, and that the statute of limitations to enforce the judgment had passed.
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Court
:
- FRBP
In re Thul-Theis
Jun
07
2010
Ruling
Late-filed claim of creditor, guardian ad litem for debtor's minor child, disallowed as untimely given actual notice.
Procedural posture
In a pro se debtor's chapter 13 bankruptcy proceedings, the court made a determination as to whether a creditor's claim was filed untimely under Fed. R. Bankr. P. 3002(c). The creditor was an attorney who acted as a guardian ad litem for the debtor's minor child.
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Court
:
- FRBP
In re Cincom iOutsource Inc.
May
13
2010
Ruling
Bankruptcy court did not have the equitable power to allow a late-filed proof of claim outside of authorized exceptions.
Procedural posture
A creditor filed a motion for an order deeming its proof of claim filed as timely. The creditor did not allege that any of the exceptions in Fed. R. Bankr. P. 3002(c) applied, but argued that its claim should be deemed timely as a matter of equity and due process pursuant to 11 U.S.C.S. § 105(a). A chapter 7 trustee opposed the motion.
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Court
:
- FRBP
In re Price
Sep
08
2009
Ruling
Creditor's motions for examination and extension of time to file adversary proceeding did not constitute informal proof of claim.
Procedural posture
A bankruptcy trustee objected to allowance of a creditor's claim based on an untimely proof of claim, but the creditor asserted that it effectively filed a timely informal proof of claim.
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Court
:
- FRBP
In re Hyde
Apr
21
2009
Ruling
Creditor's lack of sophistication did not prevent disallowance of late proof of claim where creditor was put on inquiry notice.
Procedural posture
The chapter 12 trustee objected to the proof of claim filed by creditor as untimely.
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Court
: