Legal Opinion
Spokane Lefcu v. Marcella Barker
Court of Appeals for the Ninth Circuit
Decided October 27, 2016No. 14-60028PublishedCited by 14 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
If a creditor wishes to participate in the distribution of a debtor’s assets under a Chapter 13 plan, it must file a timely proof of claim. The debtor’s acknowledgment of debt owed to the creditor in a bankruptcy schedule does not relieve the creditor of this affirmative duty.
BACKGROUND FACTS
On September 6, 2012, debtor Marcella Lee Barker filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the District of Montana. Later that day, in response to the filed petition, the bankruptcy court issued an Official Form B9I, titled “Notice of…
2Cases cited27 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Rake v. WadeSupreme Court of the United States · 1993
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
- American Title Insurance Company v. Lacelaw CorporationCourt of Appeals for the Ninth Circuit · 1988
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Klein v. ODS Techs., LP (In re J & J Chem., Inc.)United States Bankruptcy Court, D. Idaho · 2019
- In re BurnsUnited States Bankruptcy Court, N.D. Indiana · 2017
- Ali v. Sanofi US Services IncDistrict Court, N.D. California · 2023
- In Re: Jenna Denise HillardDistrict Court, N.D. California · 2024
- In Re: Matthew G. BrownUnited States Bankruptcy Court, N.D. Ohio · 2026
9 more not listed; retrieve them via the Exa API.