§ 726(a)(2)

Gaffney, In re

Ruling: 
Creditor's tardy claim could not be allowed as creditor received actual notice of thebankruptcy filing in time to inquire, learn of the claims filing deadline, and file a timelyclaim. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-044

Franklin, In re

Ruling: 
Court noted that it was inappropriate for the judiciary to bear the expense of a second notice to creditors who have otherwise sat on their rights and shown no interest in participating in a distribution from the bankruptcy estate. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-052

Maui Indus. Loan & Fin. Co., In re

Ruling: 
Court ordered that all timely claims be paid first before untimely-filed claims of investors. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on September 07,2017, LexisNexis #1017-047

Bird, In re

Ruling: 
Court granted the trustee's motion for authority to make an interim distribution to holders ofallowed claims as it is in the best interests of the estate. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on March 03,2017, LexisNexis #0417-017

In re Sunland Inc.

Ruling: 
Late filed proof of claim had to be subordinated due to creditor's actual knowledge of the bar date and failure to inquire as to inclusion in matrix.
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 10,2015, LexisNexis #0815-060

In re Colonial Brokerage Inc.

The Pension Benefit Guaranty Corporation ("PBGC") filed a motion seeking a determination that its claims, which were filed after the claims bar date, be accorded equal treatment with timely filed claims. The chapter 7 trustee filed an objection to the motion. After having filed a joint stipulation of relevant facts, the parties filed cross-motions for summary judgment.
Ruling: 
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-125

In re Schauer

A claimant filed a proof of claim on behalf of the custodian of his Individual Retirement Account (creditor). He moved the court for allowance of his claim under 11 U.S.C.S. § 726(a)(2)(C), arguing that he did not have notice or actual knowledge in time to file a timely claim. The Trustee and a bank objected.
Ruling: 
Creditor with actual notice and knowledge of bankruptcy filing could not file a late proof of claim.
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Consumer case opionion summary, case decided on November 21,2012, LexisNexis #1212-056

In re Minnix Constr. Inc.

The chapter 7 trustee objected to a priority unsecured claim filed by claimant, an accounting firm that had provided services to debtor both before and after the filing of debtor's chapter 7 case. At issue was whether the claim was properly classified as a priority unsecured claim or if, as urged by the trustee, some part of it was properly allowed as an unsecured claim and some part was properly disallowed in its entirety.
Ruling: 
Debtor's accounting firm, which was not employed by trustee, held a general unsecured claim for fees.
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Commercial case opionion summary, case decided on December 20,2011, LexisNexis #0412-139

In re Winter Mfg.

In a debtor's chapter 7 case, movant creditors filed a motion to enlarge the time to file a proof of claim.
Ruling: 
Late filed proof of claim allowed due to lack of service of notice of case or bar date.
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Commercial case opionion summary, case decided on March 02,2010, LexisNexis #0510-126

In re Cincom iOutsource Inc.

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
Ruling: 
Proof of claim failed after creditor was added to amended schedule was deemed timely.
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Commercial case opionion summary, case decided on November 20,2008, LexisNexis #0109-021

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