Bank of America, N.A. v. Allen Capital Partners, L.L.C. (In re DLH Master Land Holding, L.L.C.)
- Citation:
- No. 11-10781, DC No. 11-CV-757
- Tag(s):
-
- Ruling:
- Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to file timely claim resulted from "excusable neglect" under Fed. R. Bankr. P. 9006(b)(1). Reasoning: Bank received multiple notices of the bar date before it passed and failed to inform its counsel. Bank's "mere inadvertence" is not enough to meet the excusable neglect standard.
- Procedural context:
- Appeal of bankruptcy court's ruling and district court's affirmance of that ruling.
- Facts:
- Bank received numerous notices of claims bar date prior to bar date passing but failed to notify its counsel or to instruct counsel to file claim. Forty-two days after bar date, proof of claim got filed.
- Judge(s):
- KING, JOLLY, and GRAVES
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