In the Matter of Arthur Gershenbaum, Bankrupt. Appeal of Arthur Gershenbaum

OPINION OF THE COURT

GARTH, Circuit Judge:

The issue presented on this appeal is whether a bankruptcy court, prior to the time that the bankruptcy case has been closed, may deny an application made by the bankrupt to amend his petition. We hold that, in the circumstances of this case, Bankruptcy Rule 110 1 required the bankruptcy court to allow an amendment listing an additional creditor. We therefore reverse the district court, which refused to permit the amendment.

I

The plaintiff, Arthur Gershenbaum, filed a voluntary petition in bankruptcy on August 23,1976. In his petition, Gershenbaum…