Rule 9006(b)

In re Crane Rental Co.

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.
Ruling: 
Late-filed proof of claim was allowed due to excusable neglect.
ABI Membership is required to access the full summary of In re Crane Rental Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hodges v. Armada (In re Hodges)

Plaintiffs, debtors, filed an adversary proceeding against defendant collection agency contending the agency's action violated the discharge injunction and provisions of the Fair Debt Collection Practices Act ("FDCPA"). The agency attempted to collect a debt for legal fees allegedly owed to the law firm that represented the debtors in their chapter 7 bankruptcy case.
Ruling: 
Collection agency violated discharge injunction by attempting to collect a debt that was discharged.
ABI Membership is required to access the full summary of Hodges v. Armada (In re Hodges). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Cable & Wireless USA Inc.

Creditor, a state taxing authority, filed a motion for leave to file a late proof of claim. The claim was for overdue unemployment insurance taxes. The trustee of the liquidating trust filed an opposition to the motion.
Ruling: 
Taxing authority was denied a motion to file a late proof of claim since excusable neglect was not found where the taxing authority had delayed more than a year in requesting to file the proof of claim.
ABI Membership is required to access the full summary of In re Cable & Wireless USA Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re U.S. Airways Inc.

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.
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.
ABI Membership is required to access the full summary of In re U.S. Airways Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.)

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.
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.
ABI Membership is required to access the full summary of Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re US Airways Inc.

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.
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.
ABI Membership is required to access the full summary of In re US Airways Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Rule 9006(b)