Pacific Resource Credit Union v. Fish (In Re Fish), 456 B.R. 413

Fish, a Chapter 13 debtor, filed 17 June 2010; PRCU is a secured/unsecured creditor seeking deficiency claims.
Claims bar date set for 1 November 2010; PRCU filed relief-from-stay motions on 20 July 2010 with stated totals.
Bankruptcy court granted stay-relief orders on 6 and 12 August 2010; PRCU began liquidation of collateral.
PRCU filed an objection to plan on 22 July 2010, noting undersecured status and unsecured claim position.
PRCU filed a supplemental objection 28 October 2010; engaged discovery, disclosures, and other pre-bar-date activities.
On 10 November 2010, PRCU filed an amended proof of claim for $85,701.11, asserting it amended its informal claim; Debtor objected to the late filing; court ruled against informal-proof-of-claim viability; PRCU appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PRCU’s pre-deadline filings formed an informal proof of claim.	PRCU's motions/objections described the claim, amount, and intent to hold Fish liable.	Debtor contends these were inadequate, not explicit enough, and fail to notify of an amount.	Yes, claim qualifies as informal proof of claim; court reversed.

In re Edelman, 237 B.R. 155 (Ninth Cir. BAP 1999) (informal claim must explicitly demand and show entitlement to claim against estate)
In re Holm, 931 F.2d 620 (9th Cir. 1991) (informal proof may suffice when it shows explicit demand and intent to hold debtor liable)
Pizza of Hawaii, Inc. v. Pentagon, Ltd., 761 F.2d 1374 (9th Cir. 1985) (informal claim valid where filings indicate intent and describe nature/amount, even if not all amounts quantified)
Sambo's Restaurants, Inc. v. W., 754 F.2d 811 (9th Cir. 1985) (amendment rule: amendments relate back; creditor’s conduct considered)
Franciscan Vineyards, Inc. v. St. Mary, 597 F.2d 181 (9th Cir. 1979) (informal claim recognized via creditor’s communications and intent)
In re Osborne, 76 F.3d 306 (9th Cir. 1996) (predecessor authority on informal proofs of claim)