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Legal Opinion

Matter of Carr

United States Bankruptcy Court, D. Nebraska

Decided July 1, 1991No. 19-40168PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

The issue before the court concerns the problem created when an amended proof of claim is filed after the court has allowed the original proof of claim and confirmed the Chapter 13 plan. The specific issue is whether an amended proof of claim filed by the Internal Revenue Service (“IRS”) should be allowed without the IRS or the Chapter 13 trustee having taken some action to cause the court to formally allow the claim as amended. I conclude that the amended proof of claim is not automatically allowed and that debtor, who has completed payments…

2Cases cited8 opinions

  1. Norris Grain Co. v. United States (In Re Norris Grain Co.)United States Bankruptcy Court, M.D. Florida · 1987
  2. United States Internal Revenue Service v. Vlavianos (In Re Vlavianos)United States Bankruptcy Court, W.D. Virginia · 1986
  3. In Re CalisoffUnited States Bankruptcy Court, N.D. Illinois · 1988
  4. In Re Candy Braz, Inc.United States Bankruptcy Court, N.D. Illinois · 1988
  5. In Re SapienzaUnited States Bankruptcy Court, W.D. New York · 1983

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

3Cited by8 opinions

  1. In Re DePughUnited States Bankruptcy Court, S.D. Texas · 2009
  2. In Re GilbreathUnited States Bankruptcy Court, S.D. Texas · 2008
  3. United States v. Sterling Consulting Corp. (In Re Indian Motocycle Co.)Bankruptcy Appellate Panel of the First Circuit · 2001
  4. Matter of Best Refrigerated Express, Inc.United States Bankruptcy Court, D. Nebraska · 1996
  5. In Re EdenUnited States Bankruptcy Court, W.D. Texas · 1992

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

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