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Rule 5005(c)

Weisheipl v. Sandstrom (In re Weisheipl)

Sep
06
2013
Ruling
Late filed proof of claim disallowed where "erroneous delivery" exception did not apply.
Issue(s)
Could late filed proof of claim be allowed pursuant to "erroneous delivery" exception.

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Consumer opinion summary, case decided on September 06, 2013 , LexisNexis #1113-070
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In re MarchFIRST Inc.

Jul
17
2009
Ruling
Proof of claim filed after 4 p.m. deadline by fax and by hand delivery of the original the next morning properly disallowed as untimely.
Procedural posture

The debtor filed a chapter 7 case. Appellee trustee objected to appellant creditor's claim, alleging that the claim was untimely. The bankruptcy court sustained the objection. The United States District Court for the Northern District of Illinois affirmed. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 17, 2009 , LexisNexis #0809-070
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In re Harris

Mar
24
2006
Ruling
Court sustained trustee's objection to creditor's late-filed proof of claim since creditor could not invoke Rule 5005(c)'s exception for erroneous filing or Rule 3002(c)'s equitable exception.
Procedural posture

The chapter 13 trustee objected to a claim filed by creditor because it was filed after the claims bar date. In response, the creditor contended that, for equitable reasons, the court should rely on Fed. R. Bankr. P. 5005(c) and treat the claim as having been timely filed or should consider it as an amendment to an earlier, informal proof of claim which related back to the earlier date.

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opinion summary, case decided on March 24, 2006 , LexisNexis #0606-034
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