In re AMR Corp.
Mar
17
2016
Ruling
Extension of time for filing proof of claim denied where creditor waited more than one year.
Issue(s)
Should creditor be granted an extension of time to file a proof of claim?
ABI Membership is required to access the full summary of In re AMR Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Weisfelner v. Blavatnik (In re Lyondell Chem. Co.)
Jan
04
2016
Ruling
Trustee's late-filed motion to name the executrix as the appropriate party in an adversary proceeding against estate of deceased individual granted due to excusable neglect.
Issue(s)
Should trustee be allowed to substitute the executrix of a decedent transferee's estate as the proper defendant in an avoidance proceeding where it's motion was not timely filed?
ABI Membership is required to access the full summary of Weisfelner v. Blavatnik (In re Lyondell Chem. Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re ASR 2401 Fountainview LLC
Nov
30
2015
Ruling
Debtor's counsel given extended period to file fee application due to excusable neglect.
Issue(s)
Could debtor's attorneys' fee application be approved over objections of creditors?
ABI Membership is required to access the full summary of In re ASR 2401 Fountainview LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
They Might Be Inc. v. Carter (In re Carter)
Oct
05
2015
Ruling
Dismissed adversary proceeding could be reopened as counsel's calendaring was excusable neglect and lack of prejudice to debtor.
Issue(s)
Whether a court should grant a creditor's motion to reopen an adversary case.
ABI Membership is required to access the full summary of They Might Be Inc. v. Carter (In re Carter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Way
Sep
24
2015
Ruling
Objection to late-filed proof of claim sustained in absence of excusable neglect.
Issue(s)
Should untimely proof of claim be disallowed based on trustee's objection or allowed due to excusable neglect?
ABI Membership is required to access the full summary of In re Way Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McDermott v. Junk (In re Junk)
Jul
15
2015
Ruling
Extension of time to respond to U.S. Trustee's proceeding for denial of discharge denied in absence of excusable neglect.
Issue(s)
Should debtors be allowed a second extension of time to respond to creditor's proceeding for denial of discharge?
ABI Membership is required to access the full summary of McDermott v. Junk (In re Junk) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Egan
Mar
02
2015
Ruling
Claims deadline could not be extended in chapter 13 case on basis of excusable neglect.
Issue(s)
Was creditor's objection to chapter 13 plan confirmation an informal proof of claim that would justify allowance of its late-filed proof of claim?
ABI Membership is required to access the full summary of In re Egan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Credit-Based Asset Servicing & Securitization LLC
Dec
09
2014
Ruling
"Unknown creditors" could not file a proof of claim more than three years after bar date.
Issue(s)
Could "unknown creditor" file a late proof of claim more than three years after the bar date?
ABI Membership is required to access the full summary of In re Credit-Based Asset Servicing & Securitization LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Castillo-Gonzales v. Bey (In re Bey)
Aug
14
2014
Ruling
Late-filed nondischargeability complaint related back to timely but incorrectly filed complaint.
Issue(s)
Should late-filed, postdischarge objection to discharge, following a timely but incorrectly filed third party complaint objecting to discharge, be allowed?
ABI Membership is required to access the full summary of Castillo-Gonzales v. Bey (In re Bey) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Konar v. New Century Trs Holdings Inc. (In re New Century Holdings Inc.)
May
23
2014
Ruling
Unknown creditor's late-filed claim disallowed due to adequate notice.
Issue(s)
Did creditor lack notice of bar date so as to allow untimely proof of claim for willful and malicious injury.
ABI Membership is required to access the full summary of Konar v. New Century Trs Holdings Inc. (In re New Century Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: