In Re Fleming Construction Corporation

MEMORANDUM

SCIRICA, District Judge.

The issue in this matter is whether there is a laches exception to the Third Circuit rule of strict construction of Section 57(n) of the Bankruptcy Act, 11 U.S.C. § 93(n). The standard of review is whether the bankruptcy court committed legal error or made clearly erroneous findings of fact.

On March 22, 1978, an involuntary petition in bankruptcy was filed against the bankrupt. Appellant received a notice mailed to all creditors by the bankruptcy court that the last day for creditors to file claims was December 1, 1978. Appellant filed her proof of claim on…