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In re Dozier

Almost four years following the bar date for filing claims in a chapter 13 case, a creditor filed a claim based on a revived state court judgment. The debtor argued that the claim was time-barred, that the revival state court proceeding was void as a violation of the automatic stay, and that the statute of limitations to enforce the judgment had passed.
Ruling: 
Proof of claim filed four years after bar date disallowed but would not be discharged.
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Consumer case opionion summary, case decided on November 19,2010, LexisNexis #1210-137

In re Thul-Theis

In a pro se debtor's chapter 13 bankruptcy proceedings, the court made a determination as to whether a creditor's claim was filed untimely under Fed. R. Bankr. P. 3002(c). The creditor was an attorney who acted as a guardian ad litem for the debtor's minor child.
Ruling: 
Late-filed claim of creditor, guardian ad litem for debtor's minor child, disallowed as untimely given actual notice.
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Consumer case opionion summary, case decided on June 07,2010, LexisNexis #0810-137

In re Cincom iOutsource Inc.

A creditor filed a motion for an order deeming its proof of claim filed as timely. The creditor did not allege that any of the exceptions in Fed. R. Bankr. P. 3002(c) applied, but argued that its claim should be deemed timely as a matter of equity and due process pursuant to 11 U.S.C.S. § 105(a). A chapter 7 trustee opposed the motion.
Ruling: 
Bankruptcy court did not have the equitable power to allow a late-filed proof of claim outside of authorized exceptions.
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Commercial case opionion summary, case decided on May 13,2010, LexisNexis #0710-066