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Rule 3003(c)(3)

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?

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Commercial opinion summary, case decided on May 11, 2015 , LexisNexis #0615-034
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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?

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Commercial opinion summary, case decided on March 04, 2014 , LexisNexis #0314-137
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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.

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Commercial opinion summary, case decided on August 30, 2013 , LexisNexis #0913-139
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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.

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Commercial opinion summary, case decided on July 29, 2011 , LexisNexis #0811-134
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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.

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Commercial opinion summary, case decided on October 03, 2008 , LexisNexis #1208-035
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