Rule 9006(b)

In re Otero County Hosp. Assn

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.
Ruling: 
Extension of time to file proof of claim denied due to absence of excusable neglect.
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Commercial case opionion summary, case decided on January 04,2013, LexisNexis #0113-135

In re Colquitt

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.
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.
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Consumer case opionion summary, case decided on August 08,2012, LexisNexis #0812-139

In re Bison Bldg. Holdings Inc.

Before the court was a creditor's motion to allow late filing of proof of claim (POC).
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.
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Commercial case opionion summary, case decided on August 03,2012, LexisNexis #0912-034

In re Renegade Holdings Inc.

A corporation moved to be allowed to file a claim after the expiration of the deadline for filing claims.
Ruling: 
Knowing, strategic decision by creditor not to file proof of claim was not excusable neglect that would allow for a late filing.
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Commercial case opionion summary, case decided on August 19,2011, LexisNexis #0911-135

In re Graham Bros. Constr. Inc.

A claimant of Chapter 11 debtor filed a motion to allow a late claim.
Ruling: 
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
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Commercial case opionion summary, case decided on May 16,2011, LexisNexis #0811-135

Jones v. Brown (In re Brown)

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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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-067

In re Pilgrims Pride Corp.

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.
Ruling: 
Late-filed administrative expense claim allowed due to creditors' lack of sophistication, good faith and no likely material adverse affect on administration.
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Commercial case opionion summary, case decided on February 08,2011, LexisNexis #0311-101

In re Victory Mem. Hosp.

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.
Ruling: 
"Unknown" creditor had constructive notice of bar date and could not file late proof of claim.
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Commercial case opionion summary, case decided on August 12,2010, LexisNexis #0910-031

In re Lehman Bros. Holdings Inc.

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.
Ruling: 
Creditors who did not file timely proofs of claim due to ordinary negligence were not entitled to enlargement of bar date.
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Commercial case opionion summary, case decided on May 20,2010, LexisNexis #0710-101

In re Schuster

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.
Ruling: 
Enlargement of time for debtor to file proof of claim on behalf of creditor denied absent excusable neglect.
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Consumer case opionion summary, case decided on May 12,2010, LexisNexis #0710-068

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