The majority of the Court decided Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgments on state law based counterclaims to proofs of claim which are not necessary to resolve the claim itself.
22.
"If I had a client come into my office and say, ` I've got $ 20, 000 in an unsecured claim,'I'd say, ` File a proof of claim in the bankruptcy court and forget it, "'he said.
23.
On Friday, the IRS filed a proof of claim against Xelan Inc ., the marketing arm of the company, in federal bankruptcy court in San Diego for more than $ 474 million in back taxes and penalties.
24.
In Pioneer, we held that a party could in some circumstances rely on his attorney's inadvertent failure to file a proof of claim in a timely manner in bankruptcy proceedings as " excusable neglect " under the bankruptcy rules.
25.
Wachner filed a " Proof of Claim " in January 2002, and in the most recent documents, filed with the court on Aug . 2, Wachner's lawyers claim that she brought valuable contributions to the company during both the " pre-petition and post petition " period.
26.
Pierce filed a non-dischargeability claim and proof of claim against Smith based on public statements her lawyers made to the media shortly after her husband died, accusing Pierce of frustrating J . Howard's intentions to set up a new trust for Smith and isolating his father.
27.
Claimed " free use " for publicity photo, has ( c ) Mitsubishi logo, no OTRS proof of claims made by uploader, easily replaceable with photo that does not have ( c ) concerns . talk ) 20 : 23, 17 December 2007 ( UTC)
28.
The main question presented in " Stern v . Marshall " was whether a bankruptcy court could constitutionally enter a final judgment on an otherwise non-core tort cause of action asserted as a compulsory counterclaim to a creditor's nondischargeability complaint and proof of claim against the debtor.
29.
After Jefferson filed for bankruptcy, petitioner, Oklahoma Tax Commission, filed proof of claims for the uncollected taxes, but the Bankruptcy Court found that the tax was inconsistent with the Commerce Clause in that it imposed an undue burden on interstate commerce and presented a danger of multiple taxation.
30.
He appealed but, on December 17, 2015, the United States Court of Appeals for the Ninth Circuit rejected Hammer's argument that because the government had not listed those taxes in the government's proof of claim filed with the Bankruptcy Court, the government should be " estopped " from collecting the taxes.
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