Spokane Law Enforcement Federal Credit Union v. Barker (In re Barker)
- Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
- 9 years 4 months ago
- Citation:
- Spokane Law Enforcement Federal Credit Union v. Barker (In re Barker), Case No. 14-60028 (9th Cir. Oct. 27, 2016)
- Tag(s):
-
- Ruling:
- Bankruptcy court properly rejected chapter 13 creditor's untimely proof of claims.
- Procedural context:
- Appeal from the Ninth Circuit Bankruptcy Appellate Panel affirming bankruptcy court's decision to disallow creditor's late-filed claims in a chapter 13 proceeding, reviewed de novo.
- Facts:
- After filing for chapter 13 bankruptcy, debtor properly gave notice to creditor of bankruptcy filing and deadline to file proof of claim. Debtor also listed creditor in her schedules. Creditor filed three claims with the bankruptcy court more than four months after the deadline to file a proof of claim had expired. After the bankruptcy court disallowed the claims because the proofs of claims were not timely filed, creditor appealed to the Bankruptcy Appellate Panel, which affirmed the bankruptcy court's decision. Creditor then appealed to the Ninth Circuit.
- Judge(s):
- Fletcher, Gould, Smith
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