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In re Birting Fisheries Inc.

filed: August 12, 1996.

IN RE: BIRTING FISHERIES, INC., DEBTOR. BIRTING FISHERIES, INC., APPELLANT,
v.
JAMES LANE, DENISE LIEN, CARL OFFENHEISER, AND THE CLASS OF SIMILARLY SITUATED CREWMEMBERS OF THE F/T OCEAN ROVER, APPELLEES.



Appeal from the United States District Court for the Western District of Washington. D.C. No. CV-94-01649-TSZ. Thomas S. Zilly, District Judge, Presiding.

Before: Thomas M. Reavley,*fn* Stephen Reinhardt and Charles Wiggins, Circuit Judges.

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.

Three circuits have previously considered this question,*fn1 and all have construed the code as we do. Those courts have fully discussed the arguments and explained their decision. We concur.

AFFIRMED.

Disposition

AFFIRME ...


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