Legal Opinion

Hi-Tech Communications Corp. v. Poughkeepsie Business Park, LLC (In Re Wheatfield Business Park, LLC)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 2, 2004No. BAP No. CC-03-1282-MePMo, Bankruptcy No. LA 02-21691-SBPublishedCited by 7 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

Creditor Hi-Tech Communications Corporation (“Appellant”) appeals the bankruptcy court’s order granting the motion of Poughkeepsie Business Park (“Debtor”) to disallow Appellant’s claim in its entirety because Appellant failed to timely file a proof of claim. We REVERSE.

II

FACTS

The relevant facts are undisputed. Debtor filed a petition for relief under Chapter 11 2 on April 22, 2002. Appellant was listed in the schedules as an unsecured creditor with a contingent, unliqui-dated and disputed claim, and therefore required to file a proof of claim under Rule…

2Cases cited15 opinions

Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
In Re Sambo's Restaurants, Inc., a California Corporation, Debtor. Sambo's Restaurants, Inc., a California Corporation v. Peggy WheelerCourt of Appeals for the Ninth Circuit · 1985

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

3Cited by7 opinions

Vicenty Ex Rel. Torres v. San Miguel Sandoval (San Miguel Sandoval)Bankruptcy Appellate Panel of the First Circuit · 2005
Charlie Y., Inc. v. Carey (In Re Carey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
Lehman Commercial Paper, Inc. v. Palmdale Hills Property, LLC (In Re Palmdale Hills Property, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
In Re HarrisUnited States Bankruptcy Court, N.D. Indiana · 2006
In Re Pacific Gas & Electric Co.United States Bankruptcy Court, N.D. California · 2004

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