Vicenty Ex Rel. Torres v. San Miguel Sandoval (San Miguel Sandoval)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that service of the notice of bankruptcy filing on the creditors’ original counsel “constituted adequate notice” to the creditors and “was sufficient to impose upon [original counsel], successor counsel and the [c]reditors the obligation to monitor the proceedings and the deadlines”
• order denying creditors’ motion to file a late proof of claim is a final appealable order
• “In Chapter 13 cases, a timely filed proof of claim is a precondition to allowance of the claim and the creditor’s right to receive a distribution.”
• “An order denying reconsideration is a final appealable order if the underlying order was a final appealable order, and together the orders end the litigation on the merits”
• “Strict application of the Rule 3002 deadline for filing claims assumes that the creditor has received this prescribed notice; late filed claims may be permitted in cases where notice to the creditor was materially deficient or misleading.”
• “Although orders denying motions to dismiss are generally interlocutory, such an order is final and appealable where a reorganization plan has already been confirmed, since the order effectively ends all litigation on the merits of dismissal.”

Source: CourtListener parenthetical corpus (CC0).