Legal Opinion
In the Matter of John A. Danielson, Debtor-Appellant
Court of Appeals for the Seventh Circuit
Decided January 7, 1993No. 92-1591PublishedCited by 29 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Section 501(c) of the Bankruptcy Code provides: “If a creditor does not timely file a proof of such creditor’s claim, the debtor or trustee may file a proof of such claim.” Why would a debtor want to help a nodding creditor collect? Some debts are not discharged in bankruptcy, but they may be satisfied in whole or in part with assets of the estate. A debtor then files a claim on behalf of the creditor, who receives assets that dimmish the debtor’s post-bankruptcy obligations. Other creditors, whose debts will be discharged, suffer.
Federal taxes due on returns that…
2Cases cited5 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In the Matter of Emil Stavriotis and Judith Stavriotis, Debtors. Appeal of United States of AmericaCourt of Appeals for the Seventh Circuit · 1992
- In the Matter of Mary Leasure Unroe, DebtorCourt of Appeals for the Seventh Circuit · 1991
- Redfield v. Continental Casualty Corp.Court of Appeals for the Seventh Circuit · 1987
- United States v. Levon Mason Dumont, Kareem A. Nagib, and Walter Premchand AtriCourt of Appeals for the Seventh Circuit · 1991
3Cited by29 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Michele A. Robb, Individually and as a Personal Representative of the Estate of Paul D. Robb v. Norfolk & Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1997
- In re SingsonCourt of Appeals for the Seventh Circuit · 1994
- Thomas Holstein v. Kevin BrillCourt of Appeals for the Seventh Circuit · 1993
- In Re MaylinUnited States Bankruptcy Court, D. Maine · 1993
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