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In re Residential Capital LLC

Ruling: 
Late-filed proof of claim disallowed where notice failed due to creditor's attorney's failure to notify debtors or the court of a changed address.
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Commercial case opionion summary, case decided on May 11,2015, LexisNexis #0615-034

In re Digerati Techs Inc.

Ruling: 
Non-creditor lacked standing to sue on behalf of estate.
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Commercial case opionion summary, case decided on May 21,2014, LexisNexis #0614-139

In re New Century TRS Holdings Inc.

Ruling: 
Borrower was an "unknown" creditor whose late proof of claim based on the Truth in Lending Act and Real Estate Settlement Procedures Act had to be denied absent excusable neglect.
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Commercial case opionion summary, case decided on March 04,2014, LexisNexis #0314-137

In re American G.I. Forum

Ruling: 
Failure to file claim in debtor's prior case was not grounds for disallowance in current case.
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Commercial case opionion summary, case decided on September 27,2013, LexisNexis #1213-032

In re New Century TRS Holdings Inc.

Ruling: 
Publication in one national and one local newspaper provided sufficient notice of bar date to unknown creditors.
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Commercial case opionion summary, case decided on August 30,2013, LexisNexis #0913-139

Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.)

Putative class named plaintiff brought adversary claims under the Federal and New York State Workers Adjustment and Retraining Notification (WARN) Acts, asserting that debtor, which was engaged in the business of designing and selling fashion apparel for women, failed to give required notice. After debtor's plan was confirmed, the class plaintiff moved for certification of the class, and the debtor's trust opposed the motion.
Ruling: 
Class certification granted with regard to WARN Act claims against debtor.
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Commercial case opionion summary, case decided on April 16,2013, LexisNexis #0513-035

Martinez v. Dex Media Inc.

Plaintiff former employee sued defendant employer for age and national origin discrimination. Defendant, which had filed for Chapter 11 bankruptcy and had obtained confirmation of a reorganization plan, moved to dismiss plaintiff's claims with prejudice as discharged and barred under 11 U.S.C.S. § 1141.
Ruling: 
Late, preconfirmation proof of claim for nonscheduled debt was barred by plan confirmation.
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Commercial case opionion summary, case decided on July 29,2011, LexisNexis #0811-134

In re BI-LO LLC

A creditor filed a motion requesting leave of court to file a proof of claim after the established deadline pursuant to Fed. R. Bankr. P. 3003(c). The chapter 11 debtor argued that it would be prejudiced by the potential precedent set by allowing the creditor's claim.
Ruling: 
Late proof of claim allowed due to service of notice of bar date during creditor's move.
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Commercial case opionion summary, case decided on February 19,2010, LexisNexis #0510-067

In re ASARCO LLC

Claimants filed a motion to file proofs of claim out of time pursuant to Fed. R. Bankr. P. 3003(c)(3) in chapter 11 debtors' bankruptcy case.
Ruling: 
Court refused to allow untimely proof of claim due to prejudice to debtor and other creditors where moving creditor had actual notice.
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Commercial case opionion summary, case decided on October 03,2008, LexisNexis #1208-035

In re Dana Corp.

A corporate debtor and its affiliated companies filed a petition for relief under chapter 11 of the Bankruptcy Code. The court established a deadline for filing proofs of claims, and 21 months after that deadline passed, movant claimant filed a motion for an order allowing him to amend an informal proof of claim or, in the alternative, permitting him to file a late-filed proof of claim. The debtors opposed the motion.
Ruling: 
Late filed proof of claim disallowed due to prejudice to emerged debtor and other creditors.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-128

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