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
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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
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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
:
In re Renegade Holdings Inc.
Aug
19
2011
Ruling
Knowing, strategic decision by creditor not to file proof of claim was not excusable neglect that would allow for a late filing.
Procedural posture
A corporation moved to be allowed to file a claim after the expiration of the deadline for filing claims.
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Court
:
- FRBP
In re Graham Bros. Constr. Inc.
May
16
2011
Ruling
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
Procedural posture
A claimant of Chapter 11 debtor filed a motion to allow a late claim.
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Court
:
Jones v. Brown (In re Brown)
Feb
17
2011
Ruling
Creditor's failure to meet filing deadline for adversary proceeding because of calendar error was not due to excusable neglect.
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Court
:
In re Pilgrims Pride Corp.
Feb
08
2011
Ruling
Late-filed administrative expense claim allowed due to creditors' lack of sophistication, good faith and no likely material adverse affect on administration.
Procedural posture
A married couple, asked the court to allow a late filing of an administrative claim in chapter 11 proceedings of debtor, the husband's employer. The motion was precipitated by a filing, by debtor, of a suggestion of bankruptcy and a motion to dismiss claims against it in an arbitration proceeding regarding injuries suffered by the husband in a mishap claimed by movants to have been related to the husband's status as an employee.
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Court
:
In re Victory Mem. Hosp.
Aug
12
2010
Ruling
"Unknown" creditor had constructive notice of bar date and could not file late proof of claim.
Procedural posture
This matter came before the court on a motion of the Administratrix of an Estate (claimant) for leave under Fed. R. Bankr. P. 9006(b) to file a late proof of claim for $4.9 million against debtor. Debtor and the Official Committee of Unsecured Creditors opposed the motion.
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Court
:
In re Lehman Bros. Holdings Inc.
May
20
2010
Ruling
Creditors who did not file timely proofs of claim due to ordinary negligence were not entitled to enlargement of bar date.
Procedural posture
Movants, seven individual creditors, each of whom missed the bar date for filing claims against the debtor, sought relief in the form of enlargement of the bar date order under Fed. R. Bankr. P. 9006(b)(1), due to excusable neglect.
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Court
:
In re Schuster
May
12
2010
Ruling
Enlargement of time for debtor to file proof of claim on behalf of creditor denied absent excusable neglect.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after the deadline the court set for creditors to file proofs of claim had passed, the debtor filed a motion for enlargement of time in which to file a proof of claim on behalf of a creditor. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's motion.
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Court
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