SUN BASIN LUMBER CO. v. UNITED STATES

No. 24366.

432 F.2d 48 (1970)

SUN BASIN LUMBER CO., Inc., Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Ninth Circuit.

September 23, 1970.


Attorney(s) appearing for the Case

Carl Eardley (argued), Robt. V. Zener, J. F. Bishop, Attys., U. S. Dept. of Justice, Wm. D. Ruckelshaus, Asst. Atty. Gen., Civils Division, Washington, D. C., Dean C. Smith, U. S. Atty., John H. McRae, Asst. U. S. Atty., Spokane, Wash., for appellant.

Hugh B. Horton (argued), Kennewick, Wash., for trustee.

Thomas Malott Spokane, Wash., for bankrupt.

Clifton W. Collins, Ephrata, Wash., for bankrupt.

Before BARNES, BROWNING and CARTER, Circuit Judges.


PER CURIAM:

The sole issue in this appeal is whether the appellant-claimant was properly permitted to file an amended proof of claim in bankruptcy after the six month period provided by 11 U.S.C. § 93(a) and (n) had expired. Appellant was a secured creditor, and after foreclosure and sale of collateral asserted an amended claim against the estate in the amount of the deficiency. Formal proof of claim for the deficiency was not filed within the statutory period...

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