Child v. Nilsson (In re Nilsson)
UNPUBLISHED
Plaintiffs filed an action against debtor in state court, and debtor thereafter filed his chapter XIII petition without listing plaintiffs as creditors. Creditors did not become aware of the bankruptcy filing until after the deadline for filing claims had expired. Debtor filed an untimely motion to amend his schedules to add plaintiffs as creditors, which the court denied. The court then ruled that 11 U.S.C. § 93n was not a mandatory limitation of filing claims as held by some courts, and that equitable relief could be given to creditors, in the form of an extension of the proof of claim filing deadline, under exceptional circumstances. Finding such circumstances, the court determined plaintiffs' claim to be non-dischargeable under 11 U.S.C. § 35(a)(3).