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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.
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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.
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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.
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