Legal Opinion
Wetherbee v. Willow Lane, Inc. (In Re Bestway Products, Inc.)
United States Bankruptcy Court, E.D. California
Decided February 16, 1993No. 19-90092PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM DECISION ON MOTION TO VACATE DISCHARGE
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
The question is whether a discharge may be vacated as a clerical error ten years after it was entered. The short answer is that a discharge can be vacated pursuant to Federal Rule of Civil Procedure 60(a) if its entry was a clerical mistake or an error arising from oversight or omission.
This is a tale of four bankruptcy cases involving one man, sometimes as debtor and sometimes as president of the debtor corporation. The bankruptcy cases were filed in 1980, 1983, 1985, and 1991. He says a discharge entered…
2Cases cited27 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Johnson v. United StatesSupreme Court of the United States · 1948
- United States v. Energy Resources Co.Supreme Court of the United States · 1990
- United States v. Randall K. WoodCourt of Appeals for the Seventh Circuit · 1991
22 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re AlexanderUnited States Bankruptcy Court, N.D. Ohio · 2002
- Sullivan v. Decision One Mortgage (In Re Sullivan)United States Bankruptcy Court, D. Massachusetts · 2006
- In Re HaneyUnited States Bankruptcy Court, N.D. Ohio · 2002
- Powe v. Chrysler Financial Corp., L.L.C. (In Re Powe)United States Bankruptcy Court, S.D. Alabama · 2001
22 more not listed; retrieve them via the Exa API.