Legal Opinion

Clamp-All Corp. v. Foresta (In Re Clamp-All Corp.)

Bankruptcy Appellate Panel of the First Circuit

Decided June 22, 1999No. BAP MW-98-043PublishedCited by 6 opinions

1Opinion of the Court

LAMOUTTE, Bankruptcy Judge.

The issue on appeal is whether the bankruptcy court erred in allowing appel-lees/creditors Foresta and Caliber Consulting to amend Foresta’s estimated proof of claim in accordance with a state court verdict which bifurcated the claim between Foresta and Caliber. Appellant/debtor Clamp-All argues that Caliber failed to timely file a proof of claim despite being notified of the bar date, that Caliber’s claim is distinct from Foresta’s in that they are based upon different agreements, and that there has been no showing of “excusable neglect” by Caliber to warrant…

2Cases cited7 opinions

  1. In Re International Horizons, Inc., Debtors, United States of America v. International Horizons, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. Jeffrey and Jeffrey v. DesmondCourt of Appeals for the First Circuit · 1995
  3. In Re Spm Manufacturing CorporationCourt of Appeals for the First Circuit · 1993
  4. Gens v. Resolution Trust Corp.Court of Appeals for the First Circuit · 1997
  5. In Re McLean Industries, Inc.United States Bankruptcy Court, S.D. New York · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re SneijderUnited States Bankruptcy Court, S.D. New York · 2009
  2. In re Crane Rental Co.United States Bankruptcy Court, D. Massachusetts · 2006
  3. In Re CalleryUnited States Bankruptcy Court, D. Massachusetts · 2002
  4. In Re KiklisUnited States Bankruptcy Court, D. Massachusetts · 2006
  5. In re: Maxon Engineering Services, Inc.United States Bankruptcy Court, D. Puerto Rico · 2006

1 more not listed; retrieve them via the Exa API.

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