From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Amended proof of claim was unfairly prejudicial to other creditors. Discussing the claims allowance process and the fact that neither the Code nor Rules address claim amendment, the court cited First and Second Circuit authority on tests for allowance of amended claims. When a proof of claim had been allowed but then amended after all payments had been made under the plan, the amended claim was an attempt to require the trustee to recover money from other creditors to pay amended claim in full. The creditor admitted that it . . .

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