§Why CasetextPricing

National Trucking Financial Reclamation Services LLC v. Pilot Corporation et al

MOTION to Allow Late Request for Exclusion or, Alternatively, to Allow Late Objection and Request to Appear at the Fairness Hearing and Memorandum of Law in Support thereof

13 Cited authorities

  1. De Asencio v. Tyson Foods, Inc.

    342 F.3d 301 (3d Cir. 2003)   Cited 551 times   5 Legal Analyses
    Holding that late strategic efforts by the plaintiff weigh against a court exercising supplemental jurisdiction

  2. Reynolds v. C.I.R

    861 F.2d 469 (6th Cir. 1988)   Cited 329 times
    Holding that when a bankruptcy court "approves a payment from the bankruptcy estate on the basis of a party's assertion of a given position, that . . . is sufficient 'judicial acceptance' to estop the party from later advancing an inconsistent position"

  3. Kurka v. Iowa County, Iowa

    628 F.3d 953 (8th Cir. 2010)   Cited 152 times
    Affirming dismissal given the "highly unusual" facts of the case in which the plaintiff had "lied to the court" about the defendant's notice of the suit and concurrence in a scheduling order

  4. Chorosevic v. Metlife Choices

    600 F.3d 934 (8th Cir. 2010)   Cited 154 times
    Holding participant could not be deemed to have exhausted her administrative remedies where “the ERISA plan's actions or omissions [did not] deprive the claimant of information or material necessary to prepare for administrative review or appeal to federal courts”

  5. American Prairie Construction Co. v. Hoich

    594 F.3d 1015 (8th Cir. 2010)   Cited 38 times
    Holding that a district judge did not need to recuse from a bench trial where the issue being decided was whether a settlement agreement had been reached despite the fact that the court had previously issued two orders stating that a binding settlement had been reached

  6. Adelphia v. L.L.P.

    271 F. App'x 41 (2d Cir. 2008)   Cited 9 times
    Holding that the district court did not abuse its discretion in finding that movant "did not demonstrate excusable neglect because, despite the fact it was aware of the settlement only one day after the opt out deadline, it still waited a full month to file its motion for an extension of time."

  7. Cook v. Triple Transp., Inc.

    928 F. Supp. 2d 1061 (E.D. Ark. 2013)

    Case No. 4:12–cv–00249–KGB. 2013-03-1 Patricia COOK, Plaintiff v. TRIPLE TRANSPORT, INC., Defendant. Boyd A. Tackett, Jr., Tackett Legal PLLC, Conway, AR, for Plaintiff. Eric E. Wolfgang, Adkerson Hauder & Bezney P.C., Dallas, TX, Melanie J. McClure, Cox, Sterling & McClure, PLLC, North Little Rock, AR, for Defendant. KRISTINE G. BAKER Boyd A. Tackett, Jr., Tackett Legal PLLC, Conway, AR, for Plaintiff. Eric E. Wolfgang, Adkerson Hauder & Bezney P.C., Dallas, TX, Melanie J. McClure, Cox, Sterling

  8. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 54,253 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  9. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  10. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,636 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  11. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,440 times   75 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  12. Section 503 - Allowance of administrative expenses

    11 U.S.C. § 503   Cited 4,108 times   51 Legal Analyses
    Granting priority to claims for the value of goods received by the debtor up to 20 days before filing

  13. Rule 2004 - Examination

    Fed. R. Bankr. P. 2004   Cited 1,186 times   8 Legal Analyses
    Authorizing the bankruptcy court to "order the examination of any entity" by "any party in interest" so long as the examination "relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge"