MATTER OF UNROE

No. 90-1523.

937 F.2d 346 (1991)

In the Matter of Mary Leasure UNROE, Debtor.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1991.


Attorney(s) appearing for the Case

Deborah J. Daniels, U.S. Atty., Jeffrey L. Hunter, Asst. U.S. Atty., Indianapolis, Ind., Gary R. Allen, Gary D. Gray, Doris D. Coles, Joan I. Oppenheimer, Dept. of Justice, Tax Div., Appellate Section, Washington, D.C., E. Franklin Childress, Indianapolis, Ind., Thomas J. Clark, Dept. of Justice, Tax Div., Washington, D.C., Robert A. Brothers, Indianapolis, Ind., for appellee.

Judith E. Seubert, UAW Legal Services Plan, Indianapolis, Ind., Lynn M. Butcher, UAW Legal Services Plan, Anderson, Ind., for debtor-appellant.

Before CUDAHY and EASTERBROOK, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


CUDAHY, Circuit Judge.

In this Chapter 13 bankruptcy proceeding, the bankruptcy court approved a late-filed IRS proof of claim as an amendment to an earlier filed, timely claim. The district court affirmed. On appeal, Unroe argues that the second IRS claim does not relate back to the timely claim and that the district court abused its discretion in applying equitable principles to reach the same result.

I.

On July 18, 1986, Unroe filed for bankruptcy...

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