In re Birting Fisheries Inc.
C09.41689; 92 F.3d 939 (1996)
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Descrição da editora
Per Curiam: Debtor Birting Fisheries, Inc., appeals the district court's order, affirming a bankruptcy court order certifying a proof of claim filed by James Lane et al for themselves and a class comprised of present and former crewmembers of a fishing vessel owned by the debtor. The class certification is not itself challenged, only the proof of claim on behalf of the class. While the debtor makes a plausible argument that 11 U.S.C. § 501 does not allow the filing of a class proof of claim, we conclude that the bankruptcy code should be construed to allow class claims.