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In re Victory Mem. Hosp.

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.
Ruling: 
"Unknown" creditor had constructive notice of bar date and could not file late proof of claim.
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Commercial case opionion summary, case decided on August 12,2010, LexisNexis #0910-031

In re Lehman Bros. Holdings Inc.

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.
Ruling: 
Creditors who did not file timely proofs of claim due to ordinary negligence were not entitled to enlargement of bar date.
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Commercial case opionion summary, case decided on May 20,2010, LexisNexis #0710-101

In re Schuster

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.
Ruling: 
Enlargement of time for debtor to file proof of claim on behalf of creditor denied absent excusable neglect.
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Consumer case opionion summary, case decided on May 12,2010, LexisNexis #0710-068

In re Gutschow

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.
Ruling: 
Isolated calendaring error by creditor's counsel was excusable neglect allowing to late filing of proof of claim.
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Consumer case opionion summary, case decided on April 19,2010, LexisNexis #0710-067

In re Enterlife Ambulance Corp.

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.
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.
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Commercial case opionion summary, case decided on April 12,2010, LexisNexis #0710-033

In re Aca Real Estate LLC

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.
Ruling: 
Conversion to chapter 7 after default not allowed until after debtor's period to sell property and pay creditors.
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Commercial case opionion summary, case decided on January 05,2010, LexisNexis #0210-103