Rule 7023

In re MF Global Inc.

Ruling: 
Class proof of claim by employees seeking to recover for unpaid vacation time allowed.
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Commercial case opionion summary, case decided on July 17,2014, LexisNexis #0814-070

Brannan v. Wells Fargo Home Mortg. (In re Brannan)

Putative class plaintiffs, debtor-mortgagors who alleged that defendant lender filed, or caused to be filed, false affidavits in support of motions for relief from automatic stay. The debtors requested that two classes of plaintiffs be certified by the court pursuant to Fed. R. Bankr. P. 7023.
Ruling: 
Class certification granted for plaintiff debtor mortgagees with fraud claims against lender for false affidavits filed in stay proceedings.
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Consumer case opionion summary, case decided on January 08,2013, LexisNexis #0113-140

In re Movie Gallery Inc.

Claimant asked the court to apply Fed. R. Bankr. P. 7023 to a proof of claim that he had filed purportedly on behalf of a class of former employees of debtors. Also before the court was the objection of the liquidating trustee to that proof of claim. At issue was whether Rule 7023 was properly applied and whether the claim was entitled to a presumption of validity per Fed. R. Bankr. P. 3001(f).
Ruling: 
Court declined to treat proof of claim as class claim at advanced stage of case.
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Commercial case opionion summary, case decided on March 15,2012, LexisNexis #0412-103
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