California Appellate Tracker

In re Barker (Spokane Law Enforcement Federal Credit Union v. Barker)

November 6, 2016

A bankruptcy debtor's acknowledgement in his schedules that he owes a debt to a creditor does not act as a substitute for that creditor’s timely proof of claim.

To participate in distributions from a bankrupt estate or receive benefits under a Chapter 11 or 13 plan, a creditor must timely file a proof of claim in the bankruptcy case. The debtor’s acknowledgement that he owes the debt to the creditor is no substitute for a timely proof of claim. The acknowledgement of the debt in the schedules does not satisfy the creditor’s affirmative obligation to file a proof of claim even if the acknowledgement constitutes a judicial admission. Also, the acknowledgement is not an informal proof of claim as it does not show that the creditor intends to hold the debtor to the scheduled debt.

Ninth Circuit Court of Appeals (Smith, N.R.); October 27, 2016; 2016 WL 6276078

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In re Barker (Spokane Law Enforcement Federal Credit Union v. Barker)

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