ARIC CARNEGIA, PLAINTIFF-APPELLANT,
v.
GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION, DEFENDANT-APPELLEE
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The court affirmed the district court's reversal of the bankruptcy court's order holding the student loan dischargeable and affirmed the approval of the claim transfer.
Appellant sought to discharge a student loan in bankruptcy. The bankruptcy court initially held the loan dischargeable and approved a transfer of the …
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PER CURIAM:
Appellant seeks to discharge, through bankruptcy proceedings, an indebtedness resulting from a student loan. The bank handling the loan, Adel Banking Co. filed a timely proof of claim. The claim subsequently was transferred to appellee Georgia Higher Education Assistance Corp. (GHEAC). Pursuant to Bankruptcy Rule 302(d), the bankruptcy court approved the transfer to GHEAC. The bankruptcy court also entered an order holding appellant’s student loan to be dischargeable. On appeal, the district court, 6 B.R. 1011, reversed the bankruptcy court’s ruling that the loan was dischargeable but affirmed approval of the transfer from Adel to GHEAC. We affirm both actions of the district court.
Appellant’s argument that his student loan is dischargeable fails under the decision of the former Fifth Circuit in In re Williamson, 665 F. 2d 683 (5th Cir. 1982) (Unit B).1 Similarly unavailing is appellant’s charge that the bankruptcy court abused its discretion in approving the transfer of claim from Adel to GHEAC. Although GHEAC’s proof of claim did not become official until after the applicable time period had elapsed, this filing did not create a new claim. Rather, it constituted a substitution of parties with no change in the nature of the claim against appellant.
Accordingly, GHEAC’s filing related back in time to the original filing by Adel and therefore was not untimely. See Fed.R.Civ.P. 15(c); Fidelity & Deposit Co. v. Fitzgerald, 272 F. 2d 121, 129 (10th Cir. 1959), cert. denied, 362 U.S. 919, 80 S.Ct. 669, 4 L.Ed.2d 738 (1960); In re Whicker, 47 F. 2d 106, 108 (5th Cir. 1931). See generally Advisory Committee’s Note to Bankruptcy Rule 302.
In light of the circumstances giving rise to the tardy claim by GHEAC, we cannot say that the bankruptcy court abused its discretion in allowing the claim. Cf. Adams v. Evans, 642 F. 2d 173 (5th Cir. 1981) (holding abuse of discretion as the standard of review for a bankruptcy court’s decision on whether to allow claims). Because the district court properly upheld this approval of transfer, its judgment is
AFFIRMED.
. Williamson is adopted as the law of this circuit. Stein v. Reynolds Securities, Inc., 667 F. 2d 33, 34 (11th Cir. 1982).
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In re Int'l Horizons, Inc. v. Int'l Horizons, Inc., 751 F.2d 1213 (11th Cir. 1985)…s of law set forth by the bankruptcy court. Discussion This court reviews the decision of the district court and the bankruptcy court and will reverse only upon finding an abuse of discretion. Carnegia v. Georgia Higher Education Assistance Corp., 691 F. 2d 482, 483 (11th Cir.1982). (Since the district court adopted the decision of the bankruptcy court, we will address ourselves only to the bankruptcy court decision.) Appellant asserts the court’s decision below disallowing amendment constitutes an abuse o…
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In re Unioil, Inc. v. H.E. Elledge, 962 F.2d 988 (10th Cir. 1992)…Fidelity & Deposit Co. v. Fitzgerald (In re Midyett & May Constr. Co.), 272 F. 2d 121, 129 (10th Cir.1959) (footnotes omitted), cert. denied, 362 U.S. 919, 80 S.Ct. 669, 4 L.Ed.2d 738 (1960); accord Carnegia v. Georgia Higher Educ. Assistance Corp., 691 F. 2d 482, 483 (11th Cir.1982) (citing Fidelity & Deposit Co. and holding that where late proof of claim filed by transferee of interest merely “constituted a substitution of parties with no change in the nature of the claim[,] ... [it] related back in time t…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murray Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982)
- Fitzgerald in Bankruptcy v. Fid. & Deposit Co. of Md., 362 U.S. 919 (U.S. 1960)
- Int'l Terminal Operating Co., Inc. v. Waterman S.S. Co., 362 U.S. 919 (U.S. 1960)
- Fid. & Deposit Co. OF Md. v. Bankruptcy, 272 F.2d 121 (10th Cir. 1959)
- In re Whicker. Lubbock Nat. Bank of Lubbock v. Elkins, 47 F.2d 106 (5th Cir. 1931)
- In re Williamson v. Williamson, 665 F.2d 683 (5th Cir. 1982)
- In re Adams v. Evans, 642 F.2d 173 (5th Cir. 1981)