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IN RE CLAMP-ALL CORP.

BAP No. MW-98-043.

235 B.R. 137 (1999)

In re CLAMP-ALL CORPORATION, Debtor. Clamp-All Corporation, Appellant, v. Anthony J. Foresta and Caliber Consulting Corporation, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

Steven A. Kressler, Kressler & Kressler, P.C., Worcester, MA, for Clamp-All Corp., debtor-appellant.

Craig J. Ziady, Riemer & Braunstein, Boston, MA, Charles R. Bennett, Jr., Riemer & Braunstein, Boston, MA, for Anthony J. Foresta, and Caliber Consulting Corp., creditor-appellees.

U.S. Trustee, United States Trustee's Office, Worcester, MA, for U.S. Trustee, United States Trustee's Office, trustee-appellee.

Before LAMOUTTE, DE JESÙS, and HAINES, Bankruptcy Judges.

LAMOUTTE, Bankruptcy Judge.

The issue on appeal is whether the bankruptcy court erred in allowing appellees/creditors Foresta and Caliber Consulting to amend Foresta's estimated proof of claim in accordance with a state court verdict which bifurcated the claim between Foresta and Caliber. Appellant/debtor Clamp-All argues that Caliber failed to timely file a proof of claim despite being notified of the bar date, that Caliber's claim is distinct from Foresta's in that...

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