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Rule 9006(b)(1)

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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Commercial opinion summary, case decided on October 26, 2007 , LexisNexis #1107-139
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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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opinion summary, case decided on November 30, 2006 , LexisNexis #0107-035
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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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opinion summary, case decided on August 16, 2006 , LexisNexis #0906-118
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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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opinion summary, case decided on May 01, 2006 , LexisNexis #0506-140
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In re U.S. Airways Inc.

Dec
29
2005
Ruling
Court did not allow a creditor's late-filed claims since adequate notice was provided by publication in the paper and the late filing was not due to excusable neglect.
Procedural posture

Before the court in a chapter 11 matter was the objection of a creditor to movant reorganized debtors'request for an order disallowing late-filed claims, including two that the claimant filed in the total amount of approximately $9.7 million.

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opinion summary, case decided on December 29, 2005 , LexisNexis #0406-034
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Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.)

Dec
28
2005
Ruling
Creditor was granted a motion to extend time to file an administrative claim and for relief from the discharge injunction since the creditor was not given notice of the filing and established excusable neglect for the delay in filing a claim.
Procedural posture

Movant creditor filed a motion to extend the time to file an administrative expense claim and for relief from a discharge injunction. Respondent debtors, who leased and managed numerous nursing homes, contested the motions. The creditor, who claimed that her mother's death was attributable to negligent care while she was a patient in one of the nursing homes, filed her claim request after expiration of the filing deadline.

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opinion summary, case decided on December 28, 2005 , LexisNexis #0306-034
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In re US Airways Inc.

Nov
21
2005
Ruling
Debtor's former employee was denied a motion to file a late proof of claim since sufficient notice was provided and no excusable neglect was established.
Procedural posture

Debtor airline filed for chapter 11 bankruptcy protection. The court established a claims bar date for creditors other than governmental units. After the claims bar date passed, movant former employee and wife sought leave to file a late proof of claim. The bankruptcy court held a hearing on the motion.

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opinion summary, case decided on November 21, 2005 , LexisNexis #0206-085
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