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No. 8922426
United States Court of Appeals for the Ninth Circuit
Pepperland, Inc. v. Westgate-California Corp.
No. 8922426 · Decided June 18, 1980
No. 8922426·Ninth Circuit · 1980·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 18, 1980
Citation
No. 8922426
Disposition
See opinion text.
Full Opinion
PER CURIAM: In this appeal from Chapter X proceedings of the Bankruptcy Act, the record demonstrates that the district judge did not abuse his discretion in dismissing amended proofs of claim. The amended proofs were filed after the last day for filing claims against each of the debtors had passed. They cannot relate back to the date of the original proofs because the original claims did not give fair notice of the conduct, transaction or occurrence that forms the basis of the claim asserted in the amendment. In re Ebeling, 123 F.2d 520 (7th Cir. 1941). AFFIRMED.
Plain English Summary
PER CURIAM: In this appeal from Chapter X proceedings of the Bankruptcy Act, the record demonstrates that the district judge did not abuse his discretion in dismissing amended proofs of claim.
Key Points
01PER CURIAM: In this appeal from Chapter X proceedings of the Bankruptcy Act, the record demonstrates that the district judge did not abuse his discretion in dismissing amended proofs of claim.
02The amended proofs were filed after the last day for filing claims against each of the debtors had passed.
03They cannot relate back to the date of the original proofs because the original claims did not give fair notice of the conduct, transaction or occurrence that forms the basis of the claim asserted in the amendment.
04
Frequently Asked Questions
PER CURIAM: In this appeal from Chapter X proceedings of the Bankruptcy Act, the record demonstrates that the district judge did not abuse his discretion in dismissing amended proofs of claim.
FlawCheck shows no negative treatment for Pepperland, Inc. v. Westgate-California Corp. in the current circuit citation data.
This case was decided on June 18, 1980.
Use the citation No. 8922426 and verify it against the official reporter before filing.