In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-Appellant

Creditor Alan Wright holds a final judgment against debtor Herbert Holm for compensatory and punitive damages as the result of a general jury verdict. Wright filed no formal proof of claim until after the claim’s bar date. However, Wright filed a disclosure statement and plan of reorganization prior to the claim’s bar date. Holm objected to Wright’s claim on four grounds. The bankruptcy court overruled three of the objections, but disallowed the punitive damages, at least temporarily. On appeal, the district court affirmed. Holm appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Debtor Holm and creditor Wright were the only shareholders of a corporation which operated a restaurant in Humboldt County, California. Wright was a minority shareholder of the corporation and worked as manager of the restaurant. In September 1982, Wright quit his job, claiming that Holm had mistreated him and had mismanaged the corporate assets.

Wright brought a lawsuit against Holm alleging breach of contract, abuse of corporate control, and intentional interference with economic advantage. The court submitted the case to the jury on the tort counts, and it returned a verdict of $132,-960 in…