In re GS Industries, Inc. et al., Bankr. W.D.N.C. Sept. 26, 2001(Hodges) - Class certification was denied in this case where the purported class members had failed to timely file proofs of claim despite recieving adequate notice of the claims bar date; the purported class proofs of claim were not filed by a creditor or the authorized agent of a creditor; and class certification would have a real and prejudicial effect on the debtors and other creditors.

IN RE KOLORTEX, Case No. 95-30796 (Bankr. W.D.N.C. May 1996)(J. Whitley) - The Court denied a Chapter 7 Trustee's objection to a creditor's formal claim that was filed after the bar date, and the Court held that this claim should not be subordinated in accordance with the provisions of 11 U.S.C. 726. The Court held that under the "greatest liberality" standard set down in Fyne v. Atlas Supply, 245 F.2d 107 (4^th Cir. 1957), the creditor's letter and complaint that was received by the debtor's president, who was a personal guarantor of the debt, prior to the expiration of the claims bar date constituted an informal claim that could be amended after the expiration of the claims bar date. The Court noted that little or no prejudice to any other party would result from the allowance of this claim, the claim was listed in the debtor's Chapter 11 schedules, and no distribution had been made to the class of general unsecured creditors. Because the only prejudice that could be found was the expense of the Chapter 7 Trustee in objecting to the claim and appearing in court to prosecute the objection, the Court held that the creditor must reimburse the Trustee for his reasonable fees and expenses as a condition precedent to the allowance of its claim.