In re Residential Capital LLC
May
11
2015
Ruling
Late-filed proof of claim disallowed where notice failed due to creditor's attorney's failure to notify debtors or the court of a changed address.
Issue(s)
Could late-filed proof of claim be allowed where creditor's attorney received late notice due to change of address?
ABI Membership is required to access the full summary of In re Residential Capital LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Digerati Techs Inc.
May
21
2014
Ruling
Non-creditor lacked standing to sue on behalf of estate.
Issue(s)
Could parties who had filed neither a proof of claim nor a proof of interest be granted standing to prosecute actions on behalf of estate?
ABI Membership is required to access the full summary of In re Digerati Techs Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re New Century TRS Holdings Inc.
Mar
04
2014
Ruling
Borrower was an "unknown" creditor whose late proof of claim based on the Truth in Lending Act and Real Estate Settlement Procedures Act had to be denied absent excusable neglect.
Issue(s)
Should creditor borrower's late-filed proof of claim against debtor lender based on violations of the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) be allowed due to alleged failure to receive notice of the bar date?
ABI Membership is required to access the full summary of In re New Century TRS Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re American G.I. Forum
Sep
27
2013
Ruling
Failure to file claim in debtor's prior case was not grounds for disallowance in current case.
Issue(s)
Should creditor's current claim for back pay be disallowed on the grounds that the debt was neither scheduled nor claimed it debtor's prior case.
ABI Membership is required to access the full summary of In re American G.I. Forum Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re New Century TRS Holdings Inc.
Aug
30
2013
Ruling
Publication in one national and one local newspaper provided sufficient notice of bar date to unknown creditors.
Issue(s)
Whether chapter 11 debtors complied with the court's order to notify unknown creditors of the claims bar date when they published notice of the bar date in a newspaper that had national circulation and a local newspaper in California where the debtors' main office was located.
ABI Membership is required to access the full summary of In re New Century TRS Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.)
Apr
16
2013
Ruling
Class certification granted with regard to WARN Act claims against debtor.
Procedural posture
Putative class named plaintiff brought adversary claims under the Federal and New York State Workers Adjustment and Retraining Notification (WARN) Acts, asserting that debtor, which was engaged in the business of designing and selling fashion apparel for women, failed to give required notice. After debtor's plan was confirmed, the class plaintiff moved for certification of the class, and the debtor's trust opposed the motion.
ABI Membership is required to access the full summary of Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Martinez v. Dex Media Inc.
Jul
29
2011
Ruling
Late, preconfirmation proof of claim for nonscheduled debt was barred by plan confirmation.
Procedural posture
Plaintiff former employee sued defendant employer for age and national origin discrimination. Defendant, which had filed for Chapter 11 bankruptcy and had obtained confirmation of a reorganization plan, moved to dismiss plaintiff's claims with prejudice as discharged and barred under 11 U.S.C.S. § 1141.
ABI Membership is required to access the full summary of Martinez v. Dex Media Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re BI-LO LLC
Feb
19
2010
Ruling
Late proof of claim allowed due to service of notice of bar date during creditor's move.
Procedural posture
A creditor filed a motion requesting leave of court to file a proof of claim after the established deadline pursuant to Fed. R. Bankr. P. 3003(c). The chapter 11 debtor argued that it would be prejudiced by the potential precedent set by allowing the creditor's claim.
ABI Membership is required to access the full summary of In re BI-LO LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re ASARCO LLC
Oct
03
2008
Ruling
Court refused to allow untimely proof of claim due to prejudice to debtor and other creditors where moving creditor had actual notice.
Procedural posture
Claimants filed a motion to file proofs of claim out of time pursuant to Fed. R. Bankr. P. 3003(c)(3) in chapter 11 debtors' bankruptcy case.
ABI Membership is required to access the full summary of In re ASARCO LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Dana Corp.
Jul
23
2008
Ruling
Late filed proof of claim disallowed due to prejudice to emerged debtor and other creditors.
Procedural posture
A corporate debtor and its affiliated companies filed a petition for relief under chapter 11 of the Bankruptcy Code. The court established a deadline for filing proofs of claims, and 21 months after that deadline passed, movant claimant filed a motion for an order allowing him to amend an informal proof of claim or, in the alternative, permitting him to file a late-filed proof of claim. The debtors opposed the motion.
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: