In re Ginther
Jun
05
2008
Ruling
Proof of claim filed seven minutes after midnight expiration of bar date allowed due to excusable neglect.
Procedural posture
A creditor filed a second amended motion for leave to file an untimely and amended proof of claim in a debtor's chapter 11 bankruptcy case.
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Court
:
District of Texas ( ) [ Bankruptcy Court ]
Department of Treasury IRS v. Seivers (In re Seivers)
Nov
29
2007
Ruling
IRS not entitled to extension of bar date in absence of excusable neglect.
Procedural posture
Movant IRS filed a motion for an extension of the bar date nunc pro tunc on the basis that its failure to timely file its proof of claim in the chapter 11 debtor's case was due to excusable neglect, within the meaning of Fed. R. Bankr. P. 9006(b)(1).
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Court
:
In re SunCruz Casinos LLC
Oct
26
2007
Ruling
Late filed personal injury claim allowed where prejudice to debtor was outweighed by right to pursue claim.
Procedural posture
The debtor filed for relief under chapter 11. A former employee filed a motion for rehearing on the court's earlier order denying the judgment creditor's motion to allow a late- filed claim and to allow relief from stay. The debtor and the primary secured creditor objected to the motion.
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Court
:
- FRBP
In re Moniz
Aug
02
2007
Ruling
Motion for approval of stipulation to allow late proof of claim denied.
Procedural posture
Creditor filed a motion to file a late proof of claim. The motion sought the court's approval of a stipulation between the creditor and the debtors providing that the creditor would have the right to file a tardy claim to be treated as a timely one.
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Court
:
- FRBP
In re Nwonwu
Feb
23
2007
Ruling
Claims bar date could not be extended but late claim of homeowners' association could be paid absent objection.
Procedural posture
Debtor filed a voluntary petition for adjustment of her debts under chapter 13. After a modified repayment plan was confirmed, creditor homeowners association filed a motion to allow a late-filed secured claim.
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Court
:
In re Jillians Entertainment Holdings Inc.
Nov
30
2006
Ruling
Change in management of creditor's legal department did not establish excusable negect to allow filing of claim two years after bar date.
Procedural posture
A plan administrator filed a motion to disallow a creditor's claim against a chapter 11 debtor on the ground that it was filed after the bar date established by court order.
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Court
:
In re Robinson Foundry Inc.
Aug
16
2006
Ruling
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
Procedural posture
Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
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Court
:
In re Crane Rental Co.
May
01
2006
Ruling
Late-filed proof of claim was allowed due to excusable neglect.
Procedural posture
Creditor provided health care, disability, pension and 401(K) plan benefits to heavy equipment operators working in the construction industry, including the employees of the debtor. The creditor filed a motion to amend its proof of claim, or in the alternative for leave to file a late claim.
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Court
:
- FRBP
In re Thomas
Mar
29
2006
Ruling
Company being sued by debtors over a lease were granted more time to move to have the state court action removed due to excusable neglect and debtors'lack of disclosure.
Procedural posture
The debtors and an oil and gas company had entered into an oil and gas lease. The debtors had filed suit against the company in state court seeking damages arising out of the oil and gas lease. The company filed a motion for enlargement of time to file a notice of removal of the state court action.
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Court
:
- FRBP
In re Cable & Wireless USA Inc.
Jan
06
2006
Ruling
Taxing authority was denied a motion to file a late proof of claim since excusable neglect was not found where the taxing authority had delayed more than a year in requesting to file the proof of claim.
Procedural posture
Creditor, a state taxing authority, filed a motion for leave to file a late proof of claim. The claim was for overdue unemployment insurance taxes. The trustee of the liquidating trust filed an opposition to the motion.
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Court
: