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Rule 3006

In re Appleseeds Intermediate Holdings LLC

Dec
20
2012
Ruling
Voluntary withdrawal of state tax proof of claim granted with prejudice.
Procedural posture

Before the court was a motion to withdraw proofs of claim filed by the Ohio Department of Tax (ODT). Debtors filed their response opposing withdrawal unless they "will not have to incur in the future the expense and the burden they have already incurred to litigate" the legal issues implicated by the ODT Claim and providing a proposed form of order permitting ODT to withdraw the ODT Claim (the "Proposed Order").

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Commercial opinion summary, case decided on December 20, 2012 , LexisNexis #0113-101
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In re Owens

Aug
16
2011
Ruling
Creditor, debtor's former spouse, could withdraw proof of claim for amounts owed under prepetition support order.
Procedural posture

Chapter 7 debtor objected to a creditor's purported withdrawal of her claim pursuant to Fed. R. Bankr. P. 3006.

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Consumer opinion summary, case decided on August 16, 2011 , LexisNexis #0911-067
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Manchester Inc. v. Lyle (In re Manchester Inc.)

Dec
19
2008
Ruling
Motion to withdraw proofs of claim granted.
Procedural posture

Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.

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Commercial opinion summary, case decided on December 19, 2008 , LexisNexis #0109-096
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In re Varona

May
22
2008
Ruling
Creditor could withdraw claims that were time-barred but valid under state law.
Procedural posture

Chapter 13 debtors filed objections to two claims filed by a creditor and filed motions for sanctions against the creditor pursuant to 11 U.S.C.S. § 105. The creditor filed a motion for authority to withdraw its two claims pursuant to Fed. R. Bankr. P. 3006, to which the debtors filed an objection.

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Consumer opinion summary, case decided on May 22, 2008 , LexisNexis #0708-026
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