Gens v. Resolution Trust Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting as prejudice that other creditors simply will receive less in a distribution if a claim amendment is permitted
• rejecting debtor’s argument that “allowing the . . . amendment prejudices unsecured creditors, who may receive less under any reorganization plan that would have been received were the … claim not allowed.”
• noting the relaxed standard of the Federal Rules that allows alternative pleadings
• unsecured creditors receiving less because of an amendment to a proof of claim is insufficient to show prejudice
• amendment to proof of claim allowed when the amendment substituted the real party in interest as claimant; amendment caused no prejudice where the claim otherwise remained the same
• “[A] simple substitution of the real party in interest . . . for a related party mistakenly listed in the original POC . . . represents a proper ground for amendment.”

Source: CourtListener parenthetical corpus (CC0).