In re Fowler, No. 03-92256, 2006 Bankr. LEXIS 2322 (Bankr. N.D. Ga. July 10, 2006) (Diehl). The debtor and creditor were in a long-running dispute in state court. The creditor prevailed, and had requested the state court to impose sanctions against the debtor pursuant to O.C.G.A. §9-15-14. The state court denied the motion, the creditor appealed, and the judgment was final.
The creditor thereafter attempted to amend its claim filed in the debtor’s bankruptcy case to add a claim pursuant to O.C.G.A. § 51-7-80, long after the bar date had passed. The Bankruptcy Court concluded that this was effectively a new claim, and subject to the bar date. Because the creditor presented no excuse or justification for its delay in asserting the new claim via amendment, it was disallowed. Further, the new claim was essentially a new bite at the apple for the §9-15-14 claim, and it was subject to collateral estoppel.