Tag: excusable neglect

W.D.N.C.: Cooper v. Crow- Procedures for Amendment to Exemptions Governed by State Law

Summary:

Ms. Crow filed a Chapter 13 bankruptcy, but after a creditor raised issue with her exceeding the §109(g) debt limits, converted to Chapter 7. Eight months after the initial filing of her voluntary bankruptcy petition, Ms. Crow sought to amend her schedules to claim an exemption in an individual retirement account (IRA) that had been omitted from her original petition, but would otherwise indisputably have been exempt. The Trustee opposed this amendment, arguing that Ms. Crow failed to show the change in circumstances required for modifications of exemptions by N.C.G.S. § 1C-1603(g). The bankruptcy court found that the omission was inadvertent due to the complexity of the case (which involved Ms.… Read More

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Bankr. M.D.N.C.: In re Meredith- No extension of time to file Proof of Claim

Summary:

Creditor filed its Proof of Claim six(6) days after the bar date.  Following the objection to the Claim by the Chapter 7 Trustee, the Creditor argued that the claim should be allowed due to excusable neglect.  The bankruptcy court held that under Rule 9006(b)(3),  it had no authority to extend the time to file claims.

For a copy of the opinion,  please see:

Meredith- No extension of time to file Proof of Claim.PDF Read More

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