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Manchester Inc. v. Lyle (In re Manchester Inc.)

Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.
Ruling: 
Motion to withdraw proofs of claim granted.
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Commercial case opionion summary, case decided on December 19,2008, LexisNexis #0109-096

In re Varona

Chapter 13 debtors filed objections to two claims filed by a creditor and filed motions for sanctions against the creditor pursuant to 11 U.S.C.S. § 105. The creditor filed a motion for authority to withdraw its two claims pursuant to Fed. R. Bankr. P. 3006, to which the debtors filed an objection.
Ruling: 
Creditor could withdraw claims that were time-barred but valid under state law.
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Consumer case opionion summary, case decided on May 22,2008, LexisNexis #0708-026