In re: Hans J. HANSEN, Debtor, Arthur C. Kralowec; et al., Appellants, v. D & E Williams, Inc., Appellee.
No. 03-15600.
United States Court of Appeals, Ninth Circuit.
Submitted May 14, 2004.
Decided May 26, 2004.
David Ray Jenkins, Esq., Motschiedler Michaelides & Wishon, Fresno, CA, for Appellants.
Steven E. Paganetti, Wild Carter & Tip-ton, Fresno, CA, for Appellee.
Before O’SCANNLAIN, SILER, and HAWKINS, Circuit Judges.
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
The Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge, United States Court of Appeals for the Sixth Circuit, sitting by designation.
[MAJORITY]
MEMORANDUM
Trustee Henry Wheeler and creditor Arthur L. Kralowec assert that the bankruptcy court erred by applying the informal proof of claim doctrine to allow a claim by D & E Williams, Inc. Because the facts are known to the parties, they are not repeated here.
The bankruptcy court did not err in finding that the elements of the informal proof of claim doctrine were satisfied; nor did it abuse its discretion in permitting amendment of the informal proof of claim. See In re Holm, 931 F.2d 620, 622-23 (9th Cir.1991); In re Sambo’s Restaurants, Inc., 754 F.2d 811, 815-17 (9th Cir.1985).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.