§ 501(c)

Skubal, In re

Ruling: 
Court disallowed legal fees charged to the bankruptcy estate to defend a dischargeable credit card claim as the trustee improperly took on the role of "defending" the claim. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-091

Glass Men of St. Tammany, LLC, In re

Ruling: 
Trustee properly filed proofs of claim on behalf of unsecured creditors which did not file proofs of claim. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on September 06,2017, LexisNexis #1017-037

Belser v. Nationstar Mortg. LLC (In re Belser)

Ruling: 
Creditor's objection to confirmation constituted an informal proof of claim so that late filed proof of claim was properly allowed as an amendment.
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Consumer case opionion summary, case decided on August 06,2015, LexisNexis #0915-046

In re Green

Ruling: 
Postconfirmation amendment of proof of claim filed by debtor on creditor's behalf when creditor originally failed to file denied.
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Consumer case opionion summary, case decided on May 08,2015, LexisNexis #0615-080

In re Vancleef

Several years after a bankruptcy debtor's case was closed, the case was reopened on the basis of a newly discovered potential asset, and the bankruptcy trustee filed proofs of claims on behalf of unsecured creditors listed in the debtor's schedules who did not file proofs of claim after notice pursuant to 11 U.S.C.S. § 501(c). The debtor objected to the claims asserted by the trustee.
Ruling: 
Proofs of claim filed by trustee on behalf of non-filing creditors disallowed on debtor's objection.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1112-084

In re Nelson

Debtors filed proofs of claim on behalf of the Internal Revenue Service (IRS) for withholding payroll taxes and penalties due from the debtors' business. The bankruptcy trustee moved to disallow the claims as improperly filed and untimely.
Ruling: 
Timely income tax claims by IRS did not preclude debtor from filing claims on behalf of IRS for withholding taxes and penalties.
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Consumer case opionion summary, case decided on June 25,2012, LexisNexis #0712-115

In re Davis

Debtor objected to proofs of claim filed by the chapter 7 trustee on behalf of creditors pursuant to Fed. R. Bankr. P. 3004, which claims were not filed within the 30-day limitation imposed under the rules. At issue was whether the claims were properly allowed as "late-filed" claims pursuant to 11 U.S.C.S. § 726 which presumably were to be paid before any surplus was returned to debtor.
Ruling: 
Debtor's objection to late proofs of claim filed by trustee on behalf of unspecified creditors sustained.
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Consumer case opionion summary, case decided on June 11,2010, LexisNexis #0910-067

In re Senczyszyn

This matter was before the court upon an objection filed by the State of Michigan to a proof of claim filed by the debtors for 2008 income taxes owed by the debtors to the State of Michigan in the amount of $ 1,900.
Ruling: 
Taxes due on return filed prior to petition date were not a postpetition debt.
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Consumer case opionion summary, case decided on April 07,2010, LexisNexis #0610-083

In re Hight

A debtor filed a bankruptcy petition before filing a state income tax return for the prior calendar year, and the debtor did not file the return until shortly before the date the return was required to be filed. The State of Michigan objected to the debtor's filing of a proof of claim on the State's behalf for the income taxes due on the return.
Ruling: 
State's objection to debtor's filing of proof of claim for state income tax on the state's behalf overruled.
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Consumer case opionion summary, case decided on March 24,2010, LexisNexis #0610-082
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