IN RE COLE

Civ. A. No. 92-K-1422, Bankruptcy No. 90 B 6786 E.

146 B.R. 837 (1992)

In re Thomas M. COLE, et al., Debtors. UNITED STATES of America, on Behalf of its agency, the INTERNAL REVENUE SERVICE, Appellant. v. Thomas M. COLE, et al., Appellees.

United States District Court, D. Colorado.

October 30, 1992.


Attorney(s) appearing for the Case

William G. Pharo, U.S. Atty.'s Office, Civ. Div., Bruce Alan Anderson, I.R.S., Dist. Counsel, Denver, Colo., Karen L. Baker, Tax Div., Dept. of Justice, Washington, D.C., for I.R.S.

Robert E. Woodford, Manitou Springs, Colo., for appellee.

Sally J. Zeman, Denver, Colo., Chapter 13 Trustee.


MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

In this bankruptcy appeal, the federal government requests me to reverse the bankruptcy court's ruling denying its motion to allow a late proof of claim. The debtors, Thomas M. and Sandra L. Cole, concur in the government's position. The bankruptcy court held that under the Bankruptcy Rules it did not have discretion to allow the government to file an untimely claim. Having reviewed the government...

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