In Re: M.J. Waterman & Associates, Inc., Debtor. Duane H. Barlow v. M.J. Waterman & Associates, Inc.

U.S. Court of Appeals, Sixth Circuit · Decided 2000-09-15

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MERRITT, Circuit Judge, dissenting. I disagree with the panel’s result and its analysis in this case. Our focus should be whether Barlow’s failure to file a proof of claim or vote on the reorganization plan is “excusable neglect,” not whether Barlow’s actions amounted to an informal proof of claim or vote. See Bankruptcy Rule 9006(b). Whatever may have gone on in the bankruptcy court below, this is clea…

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