Legal Opinion

In re Pigott

Court of Appeals for the Third Circuit

Decided March 23, 1982No. Nos. 81-2044, 81-2045PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

HAROLD A. ACKERMAN, District Judge:

This appeal raises the issue of whether a bankruptcy judge has the equitable power to allow proofs of claim filed by creditors after expiration of the statutory six month period for filing such proofs set out in Section 57(n) of the Bankruptcy Act, 11 U.S.C. § 93(n). The bankruptcy judge permitted two creditors to file untimely proofs of claim over the objections of another creditor, Conestoga Ceramic Tile Distributors, Inc., (“Conestoga”) the appellant. On appeal, the district court affirmed summarily. For reasons expressed herein, we…

2Cases cited6 opinions

Pepper v. LittonSupreme Court of the United States · 1939
In Re Supernit, Inc. Appeal of BoydCourt of Appeals for the Third Circuit · 1950
In the Matter of Mellen Manufacturing Company, Bankrupt. Nathaniel GoraCourt of Appeals for the Third Circuit · 1961
In re VandergriftDistrict Court, W.D. Pennsylvania · 1964
In re VandergriftCourt of Appeals for the Third Circuit · 1965

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3Cited by1 opinion

In Re CBS Millwork Supply, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1982