· 4/17/1998
Aboody v. United States (In Re Aboody)
Citations
- 223 B.R. 36
- 40 Collier Bankr. Cas. 2d 481
- 1998 Bankr. LEXIS 982
- 1998 WL 466777
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the excusable neglect standard for allowing untimely proofs of claim does not apply in chapter 13 cases
- noting that notwithstanding strict application of the limits and duties imposed on creditors by the Bankruptcy Code and the Rules, proceedings in bankruptcy cases are subject to the requirements of due process under the Fifth Amendment to the United States Constitution
- discussing Pioneer and explaining that excusable neglect standard “should logically be inapplicable to the filing of a proof of claim in Chapter 13” cases
- refusing to apply doctrine of excusable neglect in a chapter 13 case
- “ ‘Governmental entities are entitled to whatever statutory due process a given legislative scheme provides.’ ”
- “Governmental entities are entitled to whatever statutory due process a given legislative scheme provides.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Votolato, Lamoutte, Carlo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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