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§ 502(b)

In re FV Steel & Wire Co.

Sep
01
2006
Ruling
Discharged debtor's unscheduled EEOC action was not barred by judicial estoppel.
Procedural posture

Chapter 11 debtors objected to a former employee's proof of claim pursuant to 11 U.S.C. § 502(b)(1), on the grounds that the claim was barred by judicial estoppel.

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opinion summary, case decided on September 01, 2006 , LexisNexis #1006-089
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In re Rolling Thunder Gas Gathering LLC

Aug
16
2006
Ruling
Claim based on note from debtor to creditors for assignment to debtor's parent company disallowed.
Procedural posture

The Official Unsecured Creditors Committee for chapter 11 debtor objected to a claim filed by alleged creditors of debtor.

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opinion summary, case decided on August 16, 2006 , LexisNexis #1106-022
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In re Oakwood Homes Corp.

Jun
09
2006
Ruling
Court upheld bankruptcy court's decision to discount principal portion of creditor's claims to present value but held that, under section 502(b), bankruptcy court could not also disallow postpetition interest.
Procedural posture

Appellant creditor sought review in the District Court for the District of Delaware of a bankruptcy court's decision in a debtor's chapter 11 case to reduce the creditor's claims pursuant to 11 U.S.C. § 502(b) following objections by appellee indenture trustee. The district court affirmed. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 09, 2006 , LexisNexis #0606-120
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In re Irons

Mar
13
2006
Ruling
Debtor's motion seeking disallowance of claims was denied though debtors could later object to amounts of claims.
Procedural posture

Before the court in a chapter 13 matter was a motion filed by debtors objecting to three proofs of claims filed by a claimant. The claimant filed opposition to debtors'motion with respect to Claim Nos. 5, 9, and 12. Debtors cross-moved for attorney's fees.

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opinion summary, case decided on March 13, 2006 , LexisNexis #0706-013
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In re U.S. Airways Inc.

Mar
06
2006
Ruling
Proof of claim was disallowed in the debtor's second case since the claim was discharged in the debtor's first case.
Procedural posture

A chapter 11 matter was before the court on cross-motions for summary judgment by movant claimant and movant debtor with respect to a $17 million employment discrimination claim by the claimant, who was employed by debtor airline as a pilot from 1984 to 2001. The claimant also moved for sanctions.

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opinion summary, case decided on March 06, 2006 , LexisNexis #0406-049
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Campbell v. Verizon Wireless S-CA (In re Campbell)

Dec
14
2005
Ruling
Debtors'objections to four proofs of claim were rejected since debtors did not contest their liability and since lack of documentation was not sufficient grounds for disallowing the proofs of claim.
Procedural posture

Appellant chapter 13 debtors objected to four proofs of claim. The bankruptcy court sua sponte held prove-up hearings and overruled the objections made under 11 U.S.C. § 502(b)(1) that the proofs of claim lacked required documentation. The debtors appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 14, 2005 , LexisNexis #0106-114
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In re Engebregtsen

Oct
13
2005
Ruling
The liquidation value at the time of filing was held to be the valuation method for the creditor's objected-to proof of claim on the lien held on the debtor's pickup truck and was not affected by the debtor's continued unauthorized use of the vehicle.
Procedural posture

Debtors filed a chapter 13 case, and creditor, the holder of a lien in debtors'pickup truck, filed a proof of claim in the total amount of $21,834.72, delineating $20,475 as the secured portion of the claim and $1,359.72 as the unsecured portion. Debtors opposed the creditor's valuation of the vehicle and filed an objection to allowance of the claim.

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opinion summary, case decided on October 13, 2005 , LexisNexis #0306-047
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Unsecured Claims Admr v. Franks (In re Centennial HealthCare Corp.)

Aug
29
2005
Ruling
Objection to creditor's state court punitive damages claim was rejected since punitive damages claims are permissible though often subordinated claims under Code sections.
Procedural posture

Respondent judgment creditor filed a claim against the debtors alleging that the debtors were liable to her pursuant to a judgment from a state court in Massachusetts in the amount of $114,148, which included an assessment of punitive damages. Movant, unsecured claims administrator, objected to the claim because he contended that punitive damages were not allowed in a bankruptcy context.

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opinion summary, case decided on August 29, 2005 , LexisNexis #0106-044
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