The moving party, a creditor, brought a motion to admit fresh evidence on its appeal from the trustee's disallowance of its proof of claim in a bankruptcy proceeding.
The trustee opposed the motion, arguing that the parties had previously agreed to limit the appeal record and that admitting the evidence would undermine the efficiency of the bankruptcy process.
The court found that no binding agreement precluded the evidence and that refusing to admit the newly discovered documents would result in an injustice to the creditor.
The court exercised its discretion to admit the fresh evidence, allowing the trustee to file responding documentation.
