Legal Opinion

Beltran v. Calmat Co. of Arizona (In Re Beltran)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 1, 1995No. BAP No. AZ-93-1533-MeRJ. Bankruptcy No. 92-01385-PHX-RGMPublishedCited by 7 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

FACTS

The debtor, Ramon F. Beltran (“Beltran”), filed for bankruptcy under Chapter 13 of the Bankruptcy Code (“Code”) 1 on February 4, 1992. The deadline for filing proofs of claim was June 18, 1992. The Chapter 13 plan was confirmed on November 3, 1992. Calmat Co. of Arizona (“CalMat”) filed its proof of claim for $61,754.53 on December 9, 1992.

The Chapter 13 trustee, Albert M. Rau (“Trustee”), objected to CalMat’s claim, and Beltran joined in the objection. The bankruptcy court ruled that the claim could not be disallowed simply because it was tardily filed,…

2Cases cited5 opinions

  1. In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
  2. In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992
  3. In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  4. Ledlin v. United States (In Re Tomlan)District Court, E.D. Washington · 1989
  5. In Re OsborneUnited States Bankruptcy Court, C.D. California · 1993

3Cited by7 opinions

  1. In Re OsborneCourt of Appeals for the Ninth Circuit · 1996
  2. G.E. Capital Mortgage Services, Inc. v. Thomas (In Re Thomas)United States Bankruptcy Court, D. Arizona · 1995
  3. In Re LangUnited States Bankruptcy Court, D. Arizona · 1996
  4. Smith v. United States, Internal Revenue Service (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. United States Internal Revenue Service v. Osborne (In re Osborne)Court of Appeals for the Ninth Circuit · 1996

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