14 B 34232
Chapter 7 trustee objected to creditor’s proof of claim, asking the court to reclassify it from secured to unsecured and to reduce the amount.  Held: (1) an objection to claim was the proper procedural posture to resolve the matter; (2) due to the debtor’s delays, a state court citation proceeding did not expire prepetition, thus the creditor had a citation lien on the petition date; (3) nevertheless, the creditor waived its secured claim by its actions in the bankruptcy case; and (4) since the creditor was a landlord whose claim resulted from lease termination, 11 U.S.C. § 502(b)(6) capped its claim.

16 B 25958
Chapter 13 debtor requested a hardship discharge.  The parties agreed that her failure to complete plan payments was due to circumstances for which she should not justly be held accountable.  Held: her case would have been a no-asset under chapter 7, the debtor sought relief quickly after falling drastically ill, and modification was not practicable even if she became eligible for Social Security benefits.  Therefore, the debtor was eligible for a hardship discharge.

19 B 7328
Adversary plaintiff filed his complaint objecting to discharge and dischargeability 19 minutes after the deadline expired.  He asked the court to excuse the late filing.  Held: the excusable neglect standard of Fed. R. Bankr. P. 9006(b)(1) does not apply to complaints brought under §§ 523 and 727.  Defendant did not satisfy the requirements for the defense of equitable tolling, so the court could not excuse the late filing.