- FRBP
Wood, In re
Aug
25
2025
Ruling
Court allowed late-filed claim because creditor relied on incorrect deadline stated in official notice. (Bankr. S.D. Ala.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.
ABI Membership is required to access the full summary of Wood, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
McDonald, In re
Jul
02
2025
Ruling
Court granted debtor’s motion against post- petition mortgage fees, citing lender’s insufficient notice. (Bankr. W.D. Tenn.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence.
ABI Membership is required to access the full summary of McDonald, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Johnson, In re
Jun
13
2025
Ruling
Court allowed late-filed rejection damages claim as debtor’s plan was filed after bar date, preventing earlier notice. (Bankr. E.D.N.Y.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Rejection of Executory Contract or Unexpired Lease Claims.
ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)
Mar
25
2016
Ruling
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
Issue(s)
Whether the bankruptcy court erred in enlarging time for a creditor to file an unsecured claim?
ABI Membership is required to access the full summary of Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- FRBP
In re McCutchen
Sep
04
2015
Ruling
Excusable neglect does not apply in chapter 7 cases to allow late filing of claims.
Issue(s)
Were judgment creditors who failed to file a timely proof of claim in chapter 7 debtor's case entitled to have their late proof of claim allowed pursuant to "excusable neglect?"
ABI Membership is required to access the full summary of In re McCutchen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Pajian
May
11
2015
Ruling
Secured creditors are subject to the 90-day filing deadline in Rule 3002(c).
Issue(s)
Whether a bankruptcy court erred when it overruled a chapter 13 debtor's objection to a bank's proof of claim on the basis of its holding that the 90-day deadline in Fed. R. Bankr. P. 3002(c) did not apply to secured creditors.
ABI Membership is required to access the full summary of In re Pajian Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- FRBP
In re Gomes
Jan
14
2015
Ruling
Creditor's meritless objection to debtor's chapter 13 plan was not an informal proof of claim.
Issue(s)
Whether creditor's plan objection constituted a timely filed informal proof of claim (POC), suitable for amendment by a formal POC.
ABI Membership is required to access the full summary of In re Gomes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Fiducia v. Jernigan (In re Jernigan)
Dec
06
2013
Ruling
Fate filed proof of claim allowed due to lack of timely actual notice or knowledge of the case.
Issue(s)
Could late filed proof of claim be allowed where creditor did not receive notice.
ABI Membership is required to access the full summary of Fiducia v. Jernigan (In re Jernigan) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Batista-Sanechez
Oct
25
2013
Ruling
Motion for relief from stay was not an allowable informal proof of claim and late filed proof of claim was disallowed.
Issue(s)
Could late filed proof of claim be allowed or could earlier motion for relief from stay be considered an informal proof of claim.
ABI Membership is required to access the full summary of In re Batista-Sanechez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Haran
Aug
14
2013
Ruling
Amended deficiency claim relating back to original claim was not time barred.
Issue(s)
Was an amended deficiency claim, filed after foreclosure on the debtor's residence and arising from the same obligation as the original claim, time barred.
ABI Membership is required to access the full summary of In re Haran Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: