Creditor's failure to raise fraud timely bars RICO claims Regions Bank v. J.R. Oil Company, LLC (8th Cir. 2004) Because a Creditor bank neither raised the issue of fraud during the Debtor's Bankruptcy nor timely moved to set aside the sale of its collateral in the course of that Bankruptcy, its ensuing RICO claim -- based on alleged fraud in the procurement of that loan and subsequent transfer and use of its collateral -- constituted an impermissible attack on the final judgment of the Court approving the sale. _______________________ Late check still considered to have been issued and received in the "ordinary course of business" In re US Office Products Company (Bankr. De. 2004) Despite the fact that a check was honored by a Debtor well after the payment date recited on the invoice to which that check related, that transaction was nevertheless made "in the ordinary course of business." The check was paid after the invoice payment date because the Debtor had refused to pay on the contractual payment date, citing dissatisfaction with the goods and services. The vendor agreed to make modifications, and the debtor paid the invoice (by then overdue) promptly after the modifications were completed. __________________ Court sets forth requirements for "informal proof of claim" In re Pacific Gas & Electric Corp. (Bankr. N.D. Cal. 2004) In order to establish an "informal proof of claim" a putative Creditor must prove: (1) presentment of a writing; (2) within the time for the filing of claims; (3) by or on behalf of the Creditor; (4) bringing to the attention of the Court; (5) the nature and amount of a claim asserted against the Estate. Filings in pre-Petition State Court litigation do not constitute an informal proof of claim. _____________________ Party opposing plan confirmation can raise new issues In re Enriquez (Bankr. N.D. Cal. 2004) Opponents of Plan confirmation can raise issues not addressed in their written Objection at the Confirmation Hearing as long as the Plan-proponent does not object to that evidence and is not prejudiced (i.e. is not prevented from offering opposing evidence).