ee4c3a84_United_States_Bankruptcy_Court__Summary
[Date Filed] 07/07/2015 [Case Number] 14-41229 [PDF] View [Summary] 
In re: Forby Summary: The creditor filed its proof of claim one day before the claims bar date. The claim was rendered deficient by the Clerk's office because it did not substantially conform to Official Form 10 but, rather, was a one-page statement of account. The creditor received notice of the claim's deficiency five days after the claims bar date. Upon receiving notice, the creditor filed an amended claim that utilized Official Form 10. The Trustee objected to the amended claim, stating that under the Seventh Circuit's decision in In re Greenig, 152 F.3d 631 (7th Cir. 1998), the claim was barred as untimely, and that the Court was without authority to hold that the timely filed deficient claim was an "informal proof of claim" pursuant to the informal proof of claim doctrine, and thus that the late filed formal claim was an adequate amendment to the deficient claim. The Court held that the deficient claim was an informal claim and, therefore, that the late filed formal claim was a valid amendment thereto. The Court reasoned that the Seventh Circuit's Greenig decision affected a narrowing of the informal proof of claim doctrine, but that the creditor had complied with the doctrine's now limited contours. Accordingly, the Court overruled the Trustee's objection.
Opinions | Southern District of Illinois | United States Bankruptcy Court
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