Rule 9006(b)

In re Gutschow

A judgment creditor filed a motion for leave to file a proof of claim in a chapter 11 debtor's case out of time pursuant to Fed. R. Bankr. P. 9006(b)(1). Another creditor objected.
Ruling: 
Isolated calendaring error by creditor's counsel was excusable neglect allowing to late filing of proof of claim.
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Consumer case opionion summary, case decided on April 19,2010, LexisNexis #0710-067

In re Enterlife Ambulance Corp.

Before the court was a claimant's motion for summary judgment allowing a Proof of Claim, and debtor's motion for summary judgment regarding the contested matter of the allowance of the claimant's Proof of Claim No. 8 and debtor's Objection to the claim.
Ruling: 
Document filed just prior to bar date was insufficient to form a timely informal proof of claim and no excusable neglect existed to allow a late proof of claim.
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Commercial case opionion summary, case decided on April 12,2010, LexisNexis #0710-033

In re Peninsular Oil Corp.

A claimant filed a motion pursuant to Fed. R. Bankr. P. 9006(b)(1) to allow a late-filed proof of claim in a chapter 11 debtor's case. The claimant also filed a motion for a stay pending reconsideration, and a motion for reconsideration, of a court order, which approved the sale of certain of the debtor's assets, the proposed distribution of the proceeds to holders of allowed claims, and the discharge and release of the debtor's managing agent.
Ruling: 
Creditor's preoccupation with business affairs was not excusable neglect that would allow filing of proof of claim two years after bar date.
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Commercial case opionion summary, case decided on October 27,2008, LexisNexis #0209-140

In re Ginther

A creditor filed a second amended motion for leave to file an untimely and amended proof of claim in a debtor's chapter 11 bankruptcy case.
Ruling: 
Proof of claim filed seven minutes after midnight expiration of bar date allowed due to excusable neglect.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-057

Department of Treasury IRS v. Seivers (In re Seivers)

Movant IRS filed a motion for an extension of the bar date nunc pro tunc on the basis that its failure to timely file its proof of claim in the chapter 11 debtor's case was due to excusable neglect, within the meaning of Fed. R. Bankr. P. 9006(b)(1).
Ruling: 
IRS not entitled to extension of bar date in absence of excusable neglect.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #1207-140

In re SunCruz Casinos LLC

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.
Ruling: 
Late filed personal injury claim allowed where prejudice to debtor was outweighed by right to pursue claim.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1107-139

In re Moniz

Creditor filed a motion to file a late proof of claim. The motion sought the court's approval of a stipulation between the creditor and the debtors providing that the creditor would have the right to file a tardy claim to be treated as a timely one.
Ruling: 
Motion for approval of stipulation to allow late proof of claim denied.
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In re Nwonwu

Debtor filed a voluntary petition for adjustment of her debts under chapter 13. After a modified repayment plan was confirmed, creditor homeowners association filed a motion to allow a late-filed secured claim.
Ruling: 
Claims bar date could not be extended but late claim of homeowners' association could be paid absent objection.
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In re Jillians Entertainment Holdings Inc.

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.
Ruling: 
Change in management of creditor's legal department did not establish excusable negect to allow filing of claim two years after bar date.
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In re Robinson Foundry Inc.

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.
Ruling: 
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
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