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Rule 7023

In re MF Global Inc.

Ruling
Class proof of claim by employees seeking to recover for unpaid vacation time allowed.
Issue(s)
Should putative class claim for unpaid vacation time by debtor's former employees be allowed?

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Commercial opinion summary, case decided on July 17, 2014 , LexisNexis #0814-070

Brannan v. Wells Fargo Home Mortg. (In re Brannan)

Ruling
Class certification granted for plaintiff debtor mortgagees with fraud claims against lender for false affidavits filed in stay proceedings.
Procedural posture

Putative class plaintiffs, debtor-mortgagors who alleged that defendant lender filed, or caused to be filed, false affidavits in support of motions for relief from automatic stay. The debtors requested that two classes of plaintiffs be certified by the court pursuant to Fed. R. Bankr. P. 7023.

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Consumer opinion summary, case decided on January 08, 2013 , LexisNexis #0113-140

In re Movie Gallery Inc.

Ruling
Court declined to treat proof of claim as class claim at advanced stage of case.
Procedural posture

Claimant asked the court to apply Fed. R. Bankr. P. 7023 to a proof of claim that he had filed purportedly on behalf of a class of former employees of debtors. Also before the court was the objection of the liquidating trustee to that proof of claim. At issue was whether Rule 7023 was properly applied and whether the claim was entitled to a presumption of validity per Fed. R. Bankr. P. 3001(f).

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Commercial opinion summary, case decided on March 15, 2012 , LexisNexis #0412-103