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Legal Opinion

In Re Vaughn Chevrolet, Inc.

United States Bankruptcy Court, E.D. Tennessee

Decided November 2, 1993No. Bankruptcy 91-10656PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This Chapter 7 case is before the court on the motion of a creditor, Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”), to be allowed to file a formal proof of claim so as to amend an informal proof of claim and thus share in the dividend from the bankruptcy estate. Merrill Lynch failed to file a formal proof of claim before the bar date of June 11, 1991, but it now argues that certain actions it took before the bar date amount to a timely informal proof of claim which may be amended by the filing and relation back of a formal proof of…

2Cases cited24 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. In Re International Horizons, Inc., Debtors, United States of America v. International Horizons, Inc.Court of Appeals for the Eleventh Circuit · 1985
  3. In Re Sambo's Restaurants, Inc., a California Corporation, Debtor. Sambo's Restaurants, Inc., a California Corporation v. Peggy WheelerCourt of Appeals for the Ninth Circuit · 1985
  4. In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
  5. 10 Collier bankr.cas.2d 1137, Bankr. L. Rep. P 69,875 in the Matter of Evanston Motor Co., Inc., Debtor. First National Bank of Lincolnwood v. Maurice Levine, Trustee and Attorney for TrusteeCourt of Appeals for the First Circuit · 1984

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3Cited by8 opinions

  1. In Re: M.J. Waterman & Associates, Inc., Debtor. Duane H. Barlow v. M.J. Waterman & Associates, Inc.Court of Appeals for the Sixth Circuit · 2000
  2. Rushton v. Philadelphia Forest Products, Inc. (In Re Americana Expressways, Inc.)District Court, D. Utah · 1993
  3. Belser v. Nationstar Mortgage, LLC (In re Belser)Bankruptcy Appellate Panel of the First Circuit · 2015
  4. In Re ShaffnerUnited States Bankruptcy Court, W.D. Michigan · 2005
  5. In Re Rainbow TrustUnited States Bankruptcy Court, D. Vermont · 1995

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