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GENS v. RESOLUTION TRUST CORP.

No. 96-2009.

112 F.3d 569 (1997)

In re Helen D. GENS, d/b/a Helen Gens and Associates, Appellant, v. RESOLUTION TRUST CORPORATION (Federal Deposit Insurance Corporation), Appellee.

United States Court of Appeals, First Circuit.

Decided May 5, 1997.

Attorney(s) appearing for the Case

Richard H. Gens, Centerville, MA, for appellant.

Barbara R. Sarshik, Counsel, FDIC, Washington, DC, with whom Ann S. DuRoss, Assistant General Counsel, FDIC, Thomas L. Hindes, Senior Counsel, FDIC, Washington, DC, Joseph G. Butler, and Barron & Stadfeld, Boston, MA, were on brief, for appellee.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and STAHL, Circuit Judge.

CYR, Senior Circuit Judge.

Chapter 11 debtor-in-possession Helen D. Gens ("Gens") challenges a bankruptcy court order which allowed the Federal Deposit Insurance Corporation ("FDIC") to amend its proof of claim following the bar date for filing claims. We affirm.

I

BACKGROUND

In July 1988, Gens executed a promissory note ("the Gens Note") payable to U.S. Funding Inc. of America ("U.S.Funding") in the principal amount of $70,000,...

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