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Gil-De La Madrid v. Bowles Custom Pool & Spa (In re Gil-De La Madrid)

Ruling: 
Bankruptcy court properly extended time to file unsecured claims in reinstated case where deadline expired during period when case was dismissed.
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Consumer case opionion summary, case decided on March 25,2016, LexisNexis #0416-104

In re McCutchen

Ruling: 
Excusable neglect does not apply in chapter 7 cases to allow late filing of claims.
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Consumer case opionion summary, case decided on September 04,2015, LexisNexis #0915-139

Fiducia v. Jernigan (In re Jernigan)

Ruling: 
Fate filed proof of claim allowed due to lack of timely actual notice or knowledge of the case.
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Consumer case opionion summary, case decided on December 06,2013, LexisNexis #0114-031

In re Batista-Sanechez

Ruling: 
Motion for relief from stay was not an allowable informal proof of claim and late filed proof of claim was disallowed.
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Consumer case opionion summary, case decided on October 25,2013, LexisNexis #1113-138

In re Dumain

Chapter 13 debtor objected to the secured claim of creditor bank, alleging that the claim should be disallowed as late-filed pursuant to Fed. R. Bankr. P. 3002(c) because it was filed after the claims bar date.
Ruling: 
Secured creditors must file proofs of claim by bar date in chapter 13 cases.
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Consumer case opionion summary, case decided on May 08,2013, LexisNexis #0513-139

In re Garza

A creditor filed two notices of payment change under Fed. R. Bankr. P. 3002.1 to increase the chapter 13 debtors' mortgage payment due to an escrow shortage that occurred over the plan period from 2008 to 2012 and to increase the escrow payment to provide for a two-month reserve. The chapter 13 debtor filed objections to the notices and requested the award of attorney's fees and other affirmative relief.
Ruling: 
Mortgage creditor waived right to collect deficiency based on escrow shortage due to failure to comply with notice requirement.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1112-067

In re Moore

A creditor which held a judgment against a bankruptcy debtor asserted that the creditor's failure to file a proof of claim was the result of excusable neglect. The creditor moved for leave to file a late proof of claim and also asserted that the debtor's unsecured debt exceeded the debt limit for eligibility for chapter 13 bankruptcy relief.
Ruling: 
Excusable neglect was not valid basis for extension of time to file late proof of claim.
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-032

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