Timing is Everything: The Fifth Circuit’s Narrow View of Post-Confirmation Proof of Claim Amendments

Timing is everything. This is especially true when a creditor seeks to amend a timely filed proof of claim. As a general rule, bankruptcy courts liberally allow amendments to proofs of claim prior to plan confirmation. When considering a pre-confirmation claim amendment, courts focus on whether the proposed amendment relates back to the original claim or if it is an entirely new claim, and whether the amendment is prejudicial to the debtor or creditors.