In re New Century TRS Holdings Inc.
Mar
12
2014
Ruling
Wrongful foreclosure claim filed four years after bar date disallowed.
Issue(s)
Should claim based on alleged wrongful foreclosure, filed four years after the bar date for claims, be disallowed.
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Court
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Silva v. New Century TRS Holdings Inc. (In re New Century TRS Holdings Inc.)
Mar
07
2014
Ruling
Late filed claim by "unknown creditor" disallowed.
Issue(s)
Should late filed proof of claim for debt not referenced in debtor's books or records be disallowed?
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Court
:
In re Tribune Co.
Nov
08
2013
Ruling
Motion to file late proof of claim denied due to lack of excusable neglect.
Issue(s)
Could proof of claim filed more than two years after bar date and one year and eight months after retaining counsel be allowed.
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Court
:
In re Gordian Med. Inc.
Oct
16
2013
Ruling
Late filed proof of claim by IRS allowed due to excusable neglect.
Issue(s)
Could proof of claim filed after bar date by the IRS be allowed due to excusable neglect.
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Court
:
In re Global Aviation Holdings Inc.
Jul
22
2013
Ruling
Late-filed proof of claim by debtor with sufficient notice disallowed.
Issue(s)
Whether creditor's proof of claim could be considered timely even though it was filed after the bar date.
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Court
:
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
:
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
:
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
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