Federal 7th Circuit Court
Civil Court
Bankruptcy
In bankruptcy proceeding in which Trustee moved to rescind voidable payments made to creditor within 90 days of date bankruptcy petition had been filed, Dist. Ct. did not err in allowing creditor to file amended petition one day after original petition had been filed where original petition had been filed without signature of licensed attorney, and where amended petition contained said signature. Bankruptcy Rule 1009(a) permitted instant amendment where debtor had promptly obtained legal counsel and sought to file amended petition, and amended petition related back to date of filing of original petition. Ct. rejected creditor's argument that filing of original petition without signature of licensed counsel deprived Bankruptcy Court of jurisdiction such that Bankruptcy Court could not cure defect through instant amendment.