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IN RE DAVIS

No. 90-3096.

936 F.2d 771 (1991)

In re Thomas William DAVIS; Shirley Wilma Davis, Debtors. Thomas William DAVIS; Shirley Wilma Davis, Plaintiffs-Appellants, v. COLUMBIA CONSTRUCTION COMPANY, INCORPORATED; Capitol Lighting Supply, Incorporated, Defendants-Appellees, and Terence Garvey, Trustee; Internal Revenue Service; Montgomery Ward; Signet Bank/Virginia; James R. Hansen; Office of US Trustee; US Attorney (DC), Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1991.

As Amended August 12, 1991.

Attorney(s) appearing for the Case

Gary Alan Rubard, Temple Hills, Md., for plaintiffs-appellants.

Michael James Goergen, Washington, D.C., for defendants-appellees.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

ERVIN, Chief Judge:

Debtors Thomas and Shirley Davis appeal from a judgment of the district court, which affirmed the bankruptcy court's finding that Bankruptcy Rule 3004 precludes their untimely filing of a proof of claim on behalf of their creditor, the Internal Revenue Service, in their Chapter 7 bankruptcy action. Finding no grounds from which to infer that the Davises' failure to file by the Rule 3004 deadline was the result of excusable neglect, we affirm the...

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