Pyramid Investments Co. v. Palmquist

553 F.2d 1194 PYRAMID INVESTMENTS CO., aka Bishop Realty Inc., Appellant, and Robert M. Bishop, Appellant, v. Howard PALMQUIST aka H. R. Palmquist and Gordon Palmquist aka Gordon C. Palmquist, Appellees. No. 75-3349. United States Court of Appeals, Ninth Circuit. March 29, 1977. As Amended on Denial of Rehearing May 16, 1977. Robert M. Kerr, Jr., argued, Kerr, Williams & Clarke, Blackfoot, Idaho, for appellants. Richard Anderson, argued, Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for appellees. Appeal from the United States District Court for the District of Idaho. Before CHAMBERS, HUFSTEDLER and KENNEDY, Circuit Judges. KENNEDY, Circuit Judge: 1 In Chapter XI proceedings, creditors who file proofs of claim within thirty days after notice by mail that a plan of arrangement has been confirmed may participate in the plan, to the extent their claims were scheduled by the debtor. Bankruptcy Act § 355, 11 U.S.C. § 755a. The question in this case is whether this statutory right to file a late proof of claim extends to creditors who are scheduled by the debtors as secured parties, but who filed their proof of claim after confirmation of the plan of…