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· 7/15/1991

In the Matter of Mary Leasure Unroe, Debtor

Citations

  • 937 F.2d 346
  • 25 Collier Bankr. Cas. 2d 84
  • 20 Fed. R. Serv. 3d 1026
  • 1991 U.S. App. LEXIS 15186
  • 21 Bankr. Ct. Dec. (CRR) 1462
  • 1991 WL 126478

How courts have described this case

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

  • concluding that bankruptcy court did not err, in deciding to permit an amended claim under its equitable jurisdiction, by taking into account matters outside the scope of Federal Rule of Civil Procedure 15(c)
  • holding barred as untimely an amended IRS claim for a different tax year because “[s]eparate years imply separate tax claims”
  • affirming bankruptcy court’s allowance of amendment where amendment was filed pre-confirmation but was not objected to or ruled upon until after confirmation
  • noting, in the context bf a Chapter 13 bankruptcy appeal, that a bankruptcy judge’s decision to allow an informal proof of claim is an equitable decision reviewed for an abuse of discretion
  • “Late-filed claims, especially in the bankruptcy context, disrupt orderly discharge and should generally be barred.”
  • creditor could amend a claim if it satisfies the “relation back” test in Rule 15

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Easterbrook, Eschbach

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.