Legal Opinion

United States v. Lenard (In Re Lenard)

District Court, D. Colorado

Decided May 26, 1992No. Civ. A. No. 91-K-770, Bankruptcy No. 89 B 16057 A, Adv. No. 90 J 351PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The issue in this bankruptcy appeal is whether the bankruptcy court erred in granting the government’s summary judgment motion because the debtor, Dale Lenard, failed to file a timely response to the motion. Lenard contends that he did not file a formal response because his counsel misinterpreted a new notice of hearing form issued by the bankruptcy clerk. In addition, he argues that the court erred in not ruling on his Rule 9024 motion for relief from the order granting summary judgment. I reverse.

I. Facts.

Dale Lenard filed his Chapter…

2Cases cited14 opinions

  1. Steven v. Summers v. State of Utah Salt Lake Commissioners "John Does 1-5", and Salt Lake City Corporation Officer James E. FaraoneCourt of Appeals for the Tenth Circuit · 1991
  2. Maylon B. Clinkscales T/a Clinkscales Oil Company v. Chevron U.S.A., Inc.Court of Appeals for the Eleventh Circuit · 1987
  3. Southern Rambler Sales, Inc. v. American Motors Corporation and American Motors Sales CorporationCourt of Appeals for the Fifth Circuit · 1967
  4. Matter of EspositoUnited States Bankruptcy Court, S.D. New York · 1984
  5. Instructional Systems Development Corporation v. Aetna Casualty and Surety Company and Doron Precision Systems, Inc.Court of Appeals for the Tenth Circuit · 1987

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3Cited by8 opinions

  1. Wazeter v. Michigan National Bank (In Re Wazeter)District Court, W.D. Michigan · 1997
  2. Bank of North Georgia v. McDowell (In re McDowell)United States Bankruptcy Court, N.D. Georgia · 2013
  3. Brixey v. Confer (In Re Confer)United States Bankruptcy Court, S.D. Ohio · 2002
  4. Hawks Holdings, LLC v. Kalinowski (In Re Kalinowski)United States Bankruptcy Court, D. New Mexico · 2011
  5. Res-Ga Bay St. Louis, LLC v. Brooks (In re Brooks)United States Bankruptcy Court, S.D. Georgia · 2016

3 more not listed; retrieve them via the Exa API.

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