Legal Opinion
Gebhardt v. Thomas (In Re Thomas)
United States Bankruptcy Court, E.D. Texas
Decided October 29, 1996No. 19-40010PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION ON DISMISSAL FOR WANT OF JURISDICTION
C. HOUSTON ABEL, Bankruptcy Judge.
Jeffrey Dale Thomas (the “Debtor”) seeks dismissal, contending the discharge complaint filed by Charles Gebhardt (“Trustee”) was filed untimely. The Trustee responds that the Debtor waived any untimeliness argument when he voluntarily agreed to extend the deadline. The parties thus ask this Court to resolve a split of authority. One line of eases holds the rules for discharge and dischargeability actions are jurisdictional, and another holds they are procedural. Construing United States Supreme Court and…
2Cases cited27 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Sosna v. IowaSupreme Court of the United States · 1975
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
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3Cited by7 opinions
- In Re DesiderioUnited States Bankruptcy Court, E.D. Pennsylvania · 1997
- Neary v. Pennsylvania, Department of Revenue (In Re Neary)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re RowlandUnited States Bankruptcy Court, E.D. Pennsylvania · 2002
- Don L. Owen, Inc. v. Miller (In Re Miller)United States Bankruptcy Court, N.D. Texas · 2005
- In Re Red River Energy, Inc.United States Bankruptcy Court, S.D. Texas · 2009
2 more not listed; retrieve them via the Exa API.