Legal Briefs

Miller v. Fallas (In re J&M Sales Inc.)
A claim held by the Internal Revenue Service that was paid after filing cannot be used as a predicate claim to extend the statute of limitations for 10 years, according to Bankruptcy Judge John T. Dorsey of Delaware.
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For reasons Judge Dorsey explained in a footnote at the end of his February 22 opinion, a ruling the other way would expand the statute of limitations to 10 years for all avoidance actions by a corporate debtor. Miller v. Fallas (In re J&M Sales Inc.), 20-50775 (Bankr. D. Del. Feb. 22, 2022).


West Wilmington Oil Field Claimants v. Nabors Corporate Services Inc. 
​If a class has not been certified before bankruptcy, every member of the class should file an individual proof of claim before the bar date. That’s the practice point gleaned from a Fifth Circuit opinion on March 10.

If the class is so numerous that individual claims are not practicable, the opinion by Circuit Judge Edith Brown Clement counsels the attorney for the class to file a motion in bankruptcy court for authority to file a class claim, followed by a motion in bankruptcy court to approve the class.
Why go to so much trouble? Easy answer: The bankruptcy court may not approve a class claim, and a court like the Fifth Circuit might not allow individual claims after the bar date.

West Wilmington Oil Field Claimants v. Nabors Corporate Services Inc. (In re CJ Holding Co.), 21-20394 (5th Cir. March 10, 2022).

Re Vrusho 12/03/2021 BNH 006
In re Vrusho, 2021 BNH 006 (denying creditor’s motion under Fed. R. Bankr. P. 3002(c)(6)(A) for leave to file proof of claim after bar date based on insufficient notice, where: (i) creditor’s attorney in related state court collection proceeding received actual notice of commencement of case and claims bar date, (ii) sufficient nexus existed between attorney’s representation of creditor in state court proceeding and creditor’s proof of claim, (iii) creditor’s attorney informed creditor of bankruptcy case, and accordingly, (iv) actual notice of bankruptcy filing and bar date was imputed to creditor).