Jones v. Brown (In re Brown)
Feb
17
2011
Ruling
Creditor's failure to meet filing deadline for adversary proceeding because of calendar error was not due to excusable neglect.
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Court
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In re Pilgrims Pride Corp.
Feb
08
2011
Ruling
Late-filed administrative expense claim allowed due to creditors' lack of sophistication, good faith and no likely material adverse affect on administration.
Procedural posture
A married couple, asked the court to allow a late filing of an administrative claim in chapter 11 proceedings of debtor, the husband's employer. The motion was precipitated by a filing, by debtor, of a suggestion of bankruptcy and a motion to dismiss claims against it in an arbitration proceeding regarding injuries suffered by the husband in a mishap claimed by movants to have been related to the husband's status as an employee.
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Court
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In re Victory Mem. Hosp.
Aug
12
2010
Ruling
"Unknown" creditor had constructive notice of bar date and could not file late proof of claim.
Procedural posture
This matter came before the court on a motion of the Administratrix of an Estate (claimant) for leave under Fed. R. Bankr. P. 9006(b) to file a late proof of claim for $4.9 million against debtor. Debtor and the Official Committee of Unsecured Creditors opposed the motion.
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Court
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In re Lehman Bros. Holdings Inc.
May
20
2010
Ruling
Creditors who did not file timely proofs of claim due to ordinary negligence were not entitled to enlargement of bar date.
Procedural posture
Movants, seven individual creditors, each of whom missed the bar date for filing claims against the debtor, sought relief in the form of enlargement of the bar date order under Fed. R. Bankr. P. 9006(b)(1), due to excusable neglect.
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Court
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In re Schuster
May
12
2010
Ruling
Enlargement of time for debtor to file proof of claim on behalf of creditor denied absent excusable neglect.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after the deadline the court set for creditors to file proofs of claim had passed, the debtor filed a motion for enlargement of time in which to file a proof of claim on behalf of a creditor. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's motion.
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Court
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In re Gutschow
Apr
19
2010
Ruling
Isolated calendaring error by creditor's counsel was excusable neglect allowing to late filing of proof of claim.
Procedural posture
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.
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Court
:
- FRBP
In re Enterlife Ambulance Corp.
Apr
12
2010
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.
Procedural posture
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.
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Court
:
- FRBP
In re Aca Real Estate LLC
Jan
05
2010
Ruling
Conversion to chapter 7 after default not allowed until after debtor's period to sell property and pay creditors.
Procedural posture
Following the confirmation of a debtor's chapter 11 plan, the holder of an allowed secured claim (creditor) sought an order converting the case to chapter 7 based on the debtor's default in payment.
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Court
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In re Sterling Mining Co.
Jun
12
2009
Ruling
Possibility that granting of motion to dismiss might moot other issues and scheduled hearings was not grounds for shortening time for notice of hearing.
Procedural posture
A metals company moved to shorten the time for notice and hearing on its motion to dismiss the debtor's chapter 11 case to 10 days. The debtor, a party in interest, and another mining company objected to the motion to shorten the time.
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Court
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In re Peninsular Oil Corp.
Oct
27
2008
Ruling
Creditor's preoccupation with business affairs was not excusable neglect that would allow filing of proof of claim two years after bar date.
Procedural posture
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.
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Court
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