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 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 Gulley
Mar
03
2009
Ruling
Court could extend bar date to allow additional proof of claim once dismissed case was reopened .
Procedural posture
Two debtors filed separate petitions under chapter 13 of the Bankruptcy Code, and an assignee filed proofs of claim against both bankruptcy estates. The first debtor filed objections to the assignee's proofs, claiming that they were untimely and insufficient. The second debtor also filed an objection to the assignee's proof, claiming that it was insufficient.
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Court
:
- FRBP
In re Sacko
Sep
17
2008
Ruling
Debtor's objection to late filed proof of claim upheld in part so that claim for prepetition mortgage arrearage was allowed in reduced amount.
Procedural posture
Debtor filed a petition under chapter 13 and a plan for repaying his creditors which, inter alia, proposed to cure a delinquency on his residential mortgage. An agent that serviced the debtor's mortgage filed a claim asserting that a company that held that mortgage had a secured claim in the amount of $ 51,766 and was owed $ 19,363.69 in pre-petition arrearages. The debtor filed an objection to the claim.
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Court
:
- FRBP
In re Barnes
Jun
10
2008
Ruling
Late proof of claim could be filed due to lack of proper notice.
Procedural posture
A creditor filed a motion to file a claim after the claim's bar date in a debtor's chapter 13 bankruptcy case.
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Court
:
- FRBP
In re Plummer
Nov
30
2007
Ruling
Debtors' motion to amend schedules post-confirmation and extend bar date denied as incompatible with plan.
Procedural posture
Chapter 13 debtors filed a motion seeking authorization to amend their Schedule F to add previously unscheduled prepetition creditors and to extend the claims bar date in order to give the added creditors the opportunity to file claims so that their debts to the added creditors would be discharged upon completion of the debtors'chapter 13 plan.
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Court
:
- FRBP
In re Arnold
Feb
26
2007
Ruling
Trustee permitted to pay late filed secured claim provided there were no objections.
Procedural posture
Creditor, a homeowners'association, filed a motion to allow a late-filed proof of claim. Although no response opposing the motion was filed, nor did any party appear in opposition at the hearing, the court nevertheless had a concern whether a legal basis existed for granting the requested relief, and the court took the motion under advisement.
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Court
: