Legal Opinion

In Re Pigott, James P., T/d/b/a James P. Pigott Building Materials. Appeal of Conestoga Ceramic Tile Distributors, Inc

Court of Appeals for the Third Circuit

Decided March 23, 1982No. 81-2044, 81-2045PublishedCited by 88 opinions

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

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

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3Cited by88 opinions

  1. In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
  2. In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992
  3. In Re Vertientes, Ltd., Debtor. Vertientes, Ltd. v. Internor Trade, Inc.Court of Appeals for the Third Circuit · 1988
  4. In Re Coastal Alaska Lines, Inc., Debtor. Zidell, Inc. v. Daniel E. Forsch, Esq., TrusteeCourt of Appeals for the Ninth Circuit · 1990
  5. In the Matter of Mary Leasure Unroe, DebtorCourt of Appeals for the Seventh Circuit · 1991

83 more not listed; retrieve them via the Exa API.

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