Legal Opinion

In Re Gullatt

United States Bankruptcy Court, M.D. Tennessee

Decided February 23, 1994No. Bankruptcy 93-01083-GP3-13PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a tardy claim is allowable in a Chapter 13 case. Late filing does not require disallowance. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.

I

Connie and Sandra Gullatt filed Chapter 13 on February 11, 1993. Pursuant to Bankruptcy Rule 3002(c), 1 timely proofs of claim were due before June 16, 1993. On August 16, 1993, the Veterans’ Administration filed proof of an unsecured claim for $13,966.95. The debtors objected to allowance of the V.A.’s claim on the ground it was untimely.

II

Chief…

2Cases cited28 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Freytag v. CommissionerSupreme Court of the United States · 1991
  3. United States v. MenascheSupreme Court of the United States · 1955
  4. United States v. Cardinal Mine Supply, Inc.Court of Appeals for the Sixth Circuit · 1990
  5. In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992

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3Cited by6 opinions

  1. In Re DennisUnited States Bankruptcy Court, D. New Jersey · 1999
  2. In Re ArkellUnited States Bankruptcy Court, M.D. Tennessee · 1994
  3. In Re FriesenhahnUnited States Bankruptcy Court, W.D. Texas · 1994
  4. United States v. Vecchio (In re Vecchio)Court of Appeals for the Second Circuit · 1994
  5. Gullatt v. United States (In Re Gullatt)District Court, M.D. Tennessee · 1994

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