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They Might Be Inc. v. Carter (In re Carter)

Ruling: 
Dismissed adversary proceeding could be reopened as counsel's calendaring was excusable neglect and lack of prejudice to debtor.
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Consumer case opionion summary, case decided on October 05,2015, LexisNexis #1215-033

In re Majorca Isles Master Assn

Ruling: 
Late filed proof of claim allowed due to creditor's failure to receive notice and lack of prejudice to debtor.
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Commercial case opionion summary, case decided on March 27,2014, LexisNexis #0414-139

In re Sanibel Diamond Stores LLC

Ruling: 
City ordered to comply with orders to accelerate sale of debtor's property during favorable seasonal market.
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Commercial case opionion summary, case decided on March 05,2014, LexisNexis #0314-139

Stuart v. Mendenall (In re Mendenall)

Ruling: 
Extension of time to file nondischargeability proceeding ran from original deadline, not date of order.
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Consumer case opionion summary, case decided on July 31,2013, LexisNexis #0813-104

XOpen Co. Ltd. v. Gray (In re Gray)

Plaintiff creditor filed a dischargeability action against defendant debtor, who filed a motion to dismiss the complaint as untimely.
Ruling: 
Nondischargeability proceeding filed on Monday dismissed as untimely where deadline had been extended to fixed date of preceding Sunday.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0813-103

Dillworth v. Vieweg (In re Vieweg)

In a voluntary chapter 7 case, plaintiff trustee obtained five extensions on the time to file a complaint objecting to discharge. After the trustee's complaint was filed, defendant debtors moved to dismiss the complaint as untimely.
Ruling: 
Nondischargeability proceeding dismissed as filed after expiration of extension of time to file.
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Consumer case opionion summary, case decided on October 26,2011, LexisNexis #0112-069

In re Graham Bros. Constr. Inc.

A claimant of Chapter 11 debtor filed a motion to allow a late claim.
Ruling: 
Late filed proof of claim disallowed where creditor intentionally had sought to avoid jurisdiction of bankruptcy court.
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Commercial case opionion summary, case decided on May 16,2011, LexisNexis #0811-135

In re Peninsular Oil Corp.

A claimant filed a motion pursuant to Fed. R. Bankr. P. 9006(b)(1) to allow a late-filed proof of claim in a chapter 11 debtor's case. The claimant also filed a motion for a stay pending reconsideration, and a motion for reconsideration, of a court order, which approved the sale of certain of the debtor's assets, the proposed distribution of the proceeds to holders of allowed claims, and the discharge and release of the debtor's managing agent.
Ruling: 
Creditor's preoccupation with business affairs was not excusable neglect that would allow filing of proof of claim two years after bar date.
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Commercial case opionion summary, case decided on October 27,2008, LexisNexis #0209-140

In re SunCruz Casinos LLC

The debtor filed for relief under chapter 11. A former employee filed a motion for rehearing on the court's earlier order denying the judgment creditor's motion to allow a late- filed claim and to allow relief from stay. The debtor and the primary secured creditor objected to the motion.
Ruling: 
Late filed personal injury claim allowed where prejudice to debtor was outweighed by right to pursue claim.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1107-139

In re Robinson Foundry Inc.

Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
Ruling: 
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
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