In re Baker
Apr
09
2014
Ruling
Late filed complaint allowed based on excusable neglect due to failures by creditor's counsel.
Issue(s)
Should creditors' late-filed complaint in an adversary proceeding be reinstated following the granting of a motion to strike due to the failure of creditors' counsel to monitor court docket?
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Court
:
- FRBP
In re Majorca Isles Master Assn
Mar
27
2014
Ruling
Late filed proof of claim allowed due to creditor's failure to receive notice and lack of prejudice to debtor.
Issue(s)
Was creditor entitled to file a late proof of claim due to excusable neglect or on due process grounds due to failure of notice?
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Court
:
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
:
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
:
Stuart v. Mendenall (In re Mendenall)
Jul
31
2013
Ruling
Extension of time to file nondischargeability proceeding ran from original deadline, not date of order.
Issue(s)
Whether a generic extension of the time for a creditor to file a complaint against the debtor, objecting to the dischargeability of a debt, ran from the date of the order granting the extension or from the date of the original deadline.
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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
: