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In re Sharena Lareasa Taylor - Untimely POC Objection Sustained

The United States Bankruptcy Court for the Southern District of Alabama sustained the Debtor's Objection to Proof of Claim filed by Richard Burrell, finding the September 3, 2025 POC untimely under Fed. R. Bankr. P. 3002(c), which requires claims in Chapter 13 proceedings to be filed within 70 days of the Order of Relief. The Court found that Burrell received notice of the bankruptcy filing via his prior counsel Mr. Kelly on January 5, 2023, and was orally advised to obtain bankruptcy counsel and file a timely claim, but failed to do so until nearly 2.5 years after the bar date. Creditors in Chapter 13 cases should be aware that even actual notice through former counsel does not excuse the strict bar date for filing proofs of claim, and pro se claimants face heightened risk of disallowed claims.

Rachel McClain Nicholson Chapter 13 Stay Motion Denied

The United States Bankruptcy Court for the Southern District of Alabama denied Debtor Rachel McClain Nicholson's Motion to Vacate the Notice of Termination of Automatic Stay filed January 9, 2026, in Chapter 13 case No. 25-10937-JCO. The Court rejected the Debtor's argument that Federal Rule of Bankruptcy Procedure 9006(f) entitled her to an additional three days beyond the twenty-day cure period set in the September 9, 2025 Conditional Denial Order, holding that Rule 9006(f) does not apply when a court order sets a fixed date to act. The November 28, 2025 payment of $851.97 was insufficient to cure the November 6, 2025 Notice of Default, and the stay and co-debtor stay lifted upon 21st Mortgage Corporation's December 3, 2025 Notice of Termination. The Memorandum Order and Opinion was issued March 6, 2026.

Billy C. Merchant v. Charles K. Breland, Jr., Florencia Development, Inc., and A. Richard Maples, Jr.

The US Bankruptcy Court for the Southern District of Alabama issued a memorandum order abstaining from hearing an adversary proceeding and remanding the removed state court case (CV-2025-901556 from Baldwin County Circuit Court) back to state court. The court held a hearing on January 20, 2026 on multiple motions including the debtor Charles K. Breland Jr.'s Motion for Discharge, Billy C. Merchant's Objection, and defendants' Motion to Dismiss or Abstain. After considering the pleadings and record, the court found good and reasonable grounds to abstain and remand the dispute.