PYRAMID INVESTMENTS CO. v. PALMQUIST

No. 75-3349.

553 F.2d 1194 (1977)

PYRAMID INVESTMENTS CO., aka Bishop Realty Inc., Appellant, and Robert M. Bishop, Appellant, v. Howard PALMQUIST aka H. R. Palmquist and Gordon Palmquist aka Gordon C. Palmquist, Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 16, 1977.


Attorney(s) appearing for the Case

Robert M. Kerr, Jr., argued, Kerr, Williams & Clarke, Blackfoot, Idaho, for appellants.

Richard Anderson, argued, Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for appellees.

Before CHAMBERS, HUFSTEDLER and KENNEDY, Circuit Judges.


KENNEDY, Circuit Judge:

In Chapter XI proceedings, creditors who file proofs of claim within thirty days after notice by mail that a plan of arrangement has been confirmed may participate in the plan, to the extent their claims were scheduled by the debtor. Bankruptcy Act § 355, 11 U.S.C. § 755a. The question in this case is whether this statutory right to file a late proof of claim extends to creditors who are scheduled by the debtors as secured parties...

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