Rule 3006

In re Appleseeds Intermediate Holdings LLC

Before the court was a motion to withdraw proofs of claim filed by the Ohio Department of Tax (ODT). Debtors filed their response opposing withdrawal unless they "will not have to incur in the future the expense and the burden they have already incurred to litigate" the legal issues implicated by the ODT Claim and providing a proposed form of order permitting ODT to withdraw the ODT Claim (the "Proposed Order").
Ruling: 
Voluntary withdrawal of state tax proof of claim granted with prejudice.
ABI Membership is required to access the full summary of In re Appleseeds Intermediate Holdings LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 20,2012, LexisNexis #0113-101

In re Owens

Chapter 7 debtor objected to a creditor's purported withdrawal of her claim pursuant to Fed. R. Bankr. P. 3006.
Ruling: 
Creditor, debtor's former spouse, could withdraw proof of claim for amounts owed under prepetition support order.
ABI Membership is required to access the full summary of In re Owens. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 16,2011, LexisNexis #0911-067

Manchester Inc. v. Lyle (In re Manchester Inc.)

Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.
Ruling: 
Motion to withdraw proofs of claim granted.
ABI Membership is required to access the full summary of Manchester Inc. v. Lyle (In re Manchester Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 19,2008, LexisNexis #0109-096

In re Varona

Chapter 13 debtors filed objections to two claims filed by a creditor and filed motions for sanctions against the creditor pursuant to 11 U.S.C.S. § 105. The creditor filed a motion for authority to withdraw its two claims pursuant to Fed. R. Bankr. P. 3006, to which the debtors filed an objection.
Ruling: 
Creditor could withdraw claims that were time-barred but valid under state law.
ABI Membership is required to access the full summary of In re Varona. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2008, LexisNexis #0708-026
Subscribe to Rule 3006