§ 726(a)(3)

Clouse, In re

Ruling: 
Tardily filed unsecured proof of claim allowed but subordinated to timely filed claims. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on October 29,2020, LexisNexis #1220-069

In re J. Co. Med. Mgmt.

Ruling: 
Claim filed more than ten years after bar date disallowed.
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Commercial case opionion summary, case decided on November 06,2014, LexisNexis #0614-026

In re MMH Auto Group LLC

Movant, the chapter 7 trustee, asked the court to deem untimely a claim filed by the brother of the owner of debtor corporation, which debtor had owned an auto dealership, and to subordinate such claim to all timely-filed claims in certain substantively consolidated cases pursuant to 11 U.S.C.S. § 726(a)(3).
Ruling: 
Untimely filed claim subordinated to all timely filed claims.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0309-138

In re Fink

The matter was before the court in connection with the chapter 7 trustee's objection to a proof of claim filed by a claimant, debtor's ex-wife.
Ruling: 
Adversary proceeding and motion for relief from stay did not constitute informal proof of claim.
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In re Larison

A chapter 7 trustee filed a motion seeking approval of a proposed final accounting and distribution of the assets from two joint debtors'bankruptcy estate. A creditor filed an objection, contending that it had timely filed its unsecured claim under 11 U.S.C. § 502(h) and was entitled to full payment of it.
Ruling: 
Proof of claim filed more than 30 days after close of adversary proceeding from which it arose was to be treated as an untimely, unsecured claim.
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Hollingsworth v. Kaler (In re Hollingsworth)

Pro se appellant bankruptcy debtor asserted that appellee trustee improperly paid the claims of a creditor which were not timely filed. The debtor appealed the order of the bankruptcy court that approved the trustee's final report which provided for payment of the late claims.
Ruling: 
Creditor who filed proof of claim eight months late was entitled to payment since debtor did not timely object and sufficient funds remained to make payment.
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