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380, 389 (1993) enumerated four factors to determine whether neglectful late filings of claims are excusable: (1) whether allowing the late claim will prejudice the debtor; (2) the length of the delay in filing the claim and the resulting potential impact on the judicial proceedings; (3) the reason for the delay, including whether the delay was within the reasonable control of the creditor filing the claim; and (4) whether the creditor that filed the claim acted in good faith.
The trustee and Farm Credit raise several issues with the debtor's fourth amended plan.
The automatic stay under Bankruptcy Code [section]362 provides for a broad stay that freezes all attempts to enforce or collect a debt against the debtor, property of the debtor, or property of the estate.
"The Court concludes that the Debtor's discharge should be denied under 11 U.S.C.
Where there is no special commercial court in the place where the debtor holds its principal office, it must be assigned to the nearest special commercial court.
First, if the debtor is in default as of the bankruptcy filing, the trade creditor's leverage is vastly improved as courts have held that the defaulted debtor cannot compel the creditor to continue to provide goods or services on credit.
The absence of reasonable financial planning in combination with the recent economic crisis has trapped many debtors in a debt spiral.
Creditors will receive their payments only after the insolvency practitioner's fees have been paid out of the debtor's available income.
"Moreover, Hunnicutt alleged that the Debtor 'intentionally misrepresented' his Current Monthly Income, which constituted a fraud on the court.
(320) To proceed, the secured party needs to procure a court order permitting the alienation of the debtor's property.