United States v. Baker (In Re Baker)

MEMORANDUM AND ORDER

FILIPPINE, Chief Judge.

This matter is before the Court on appeal from the United States Bankruptcy Court, Eastern District of Missouri, pursuant to 28 U.S.C. § 158(a). The United States appeals from the decision of the bankruptcy court holding that a supplemental claim filed by it does not relate back to the date it originally filed a proof of claim.

On July 25, 1988, George and Bonnie Baker (Debtors) filed a joint petition under Chapter 13 of the Bankruptcy Code. The bankruptcy court set December 8, 1988, as the last day on which to file claims. On October 24,1988, the…