- FRBP
XOpen Co. Ltd. v. Gray (In re Gray)
Jun
10
2013
Ruling
Nondischargeability proceeding filed on Monday dismissed as untimely where deadline had been extended to fixed date of preceding Sunday.
Procedural posture
Plaintiff creditor filed a dischargeability action against defendant debtor, who filed a motion to dismiss the complaint as untimely.
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Court
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In re Poulette
May
24
2013
Ruling
Debtor could make post-closing amendment to claimed exemptions due to excusable neglect.
Procedural posture
A bankruptcy trustee filed an objection to a debtor's post-case closing attempt to exempt originally unscheduled interests in two claims.
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Court
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In re Amr Corp.
Apr
22
2013
Ruling
Claim filed more than three months after bar date disallowed.
Procedural posture
Debtors, an airline and its parent company, filed petitions under chapter 11 of the Bankruptcy Code, and movant claimant filed a late claim against the airline's bankruptcy estate and asked the court to enter an order under Fed. R. Bankr. P. 9006(b)(1) and 11 U.S.C.S. § 105(a) which extended the deadline it had for filing its claim and allowed the claim. The debtors opposed the claimant's motion.
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Court
:
- FRBP
In re Gospel Rescue Ministries of Washington D.C. Inc.
Jan
07
2013
Ruling
Rule 9006(f) did not apply to alter earliest permissible date for hearing when Rule 4001(c)(2) notice was served by mail.
Procedural posture
When debtor used regular mail to serve its Fed. R. Bankr. P. 4001(c)(2) motion seeking authority to obtain credit, an issue arose as to whether Fed. R. Bankr. P. 9006(f) applied to alter the earliest permissible date for holding the hearing as established by Rule 4001(c)(2).
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Court
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In re Otero County Hosp. Assn
Jan
04
2013
Ruling
Extension of time to file proof of claim denied due to absence of excusable neglect.
Procedural posture
A creditor filed an amended motion for extension of time to file a proof of claim pursuant to Fed. R. Bankr. P. 9006(b)(1), contending that her failure to file a proof of claim on or before the bar date was a result of excusable neglect. The chapter 11 debtor objected to the motion.
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Court
:
In re Colquitt
Aug
08
2012
Ruling
Debtors permitted to amend schedules and statement of financial affairs to reflect exemption of insurance claim for damage to their homestead in Hurricane Ike.
Procedural posture
The court held an evidentiary hearing on the chapter 7 trustee's objection to exemption of undisclosed insurance claim. Debtors sought leave to amend their schedules to exempt the insurance proceeds, citing excusable neglect under Fed. R. Bankr. P. 9006.
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Court
:
In re Bison Bldg. Holdings Inc.
Aug
03
2012
Ruling
Late filing of proof of claim denied where creditor's failure to receive notice of bar date was due to its own failure to provide debtor with correct address and not excusable neglect.
Procedural posture
Before the court was a creditor's motion to allow late filing of proof of claim (POC).
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Court
:
- FRBP
Dillworth v. Vieweg (In re Vieweg)
Oct
26
2011
Ruling
Nondischargeability proceeding dismissed as filed after expiration of extension of time to file.
Procedural posture
In a voluntary chapter 7 case, plaintiff trustee obtained five extensions on the time to file a complaint objecting to discharge. After the trustee's complaint was filed, defendant debtors moved to dismiss the complaint as untimely.
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Court
:
In re Renegade Holdings Inc.
Aug
19
2011
Ruling
Knowing, strategic decision by creditor not to file proof of claim was not excusable neglect that would allow for a late filing.
Procedural posture
A corporation moved to be allowed to file a claim after the expiration of the deadline for filing claims.
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Court
:
- FRBP
In re Graham Bros. Constr. Inc.
May
16
2011
Ruling
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
Procedural posture
A claimant of Chapter 11 debtor filed a motion to allow a late claim.
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Court
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