In Re Franciscan Vineyards, Inc., Bankrupt. County of Napa v. Franciscan Vineyards, Inc., Appeal of William B. Grover, Trustee

The trustee in bankruptcy appeals from a judgment entered by the district court, ordering that the County of Napa (County) be permitted to file an amended proof of claim in bankruptcy after the six-month period provided by section 57(a), (n) of the Bankruptcy Act, as amended, 11 U.S.C. § 93 (a), (n). The trustee raises two objections to the district court’s order: that the letter sent by the County to the trustee was insufficient to qualify as a proof of claim such that it could be amended, and that the sending of such a letter to the trustee does not qualify as a filing of a proof of claim. We reject both of these contentions and affirm.

The facts are not in dispute. On May 15, 1975, Franciscan Vineyards filed a petition under Chapter 11 of the Bankruptcy Act, as amended. On July 22, 1975, Franciscan Vineyards was adjudicated a bankrupt; the appellant here was thereafter appointed trustee of the bankrupt estate. The date for the first meeting of creditors was set for August 21,1975. The last day for filing claims was, therefore, February 21, 1976.

Although the County did not file a formal proof of claim with either the referee or the trustee, it did send a letter, dated…