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IN RE FISH

BAP No. CC-11-1059-BPaMk. Bankruptcy No. LA 10-34705 VZ.

456 B.R. 413 (2011)

In re Joseph William FISH, Jr., Debtor. Pacific Resource Credit Union, Appellant, v. Joseph William Fish, Jr.; Nancy K. Curry, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 3, 2011.

Attorney(s) appearing for the Case

A. Lysa Simon , Law Offices of A. Lysa Simon, Northridge, CA, argued for appellant Pacific Resource Credit Union.

Thomas B. Ure, III , Ure Law Firm, Los Angeles, CA, argued for appellee Joseph William Fish, Jr.

Before: BRANDT, PAPPAS, and MARKELL, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

The bankruptcy court sustained Debtor's objection to appellant's proof of claim as untimely filed, rejecting appellant's argument that its filings with the court prior to the deadline were an informal proof of claim.

We REVERSE, and publish to highlight the continuing viability of the informal proof of claim doctrine in the Ninth Circuit.

I. FACTS

Debtor Joseph William Fish, Jr. filed a chapter...

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