Legal Opinion

Schlueter v. State Farm Mutual Insurance (In Re Schlueter)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided July 14, 2008No. BAP No. CO-07-101. Bankruptcy No. 04-30280-MER. Adversary No. 07-01008-MERPublishedCited by 7 opinions

1Opinion of the Court

McFEELEY, Chief Judge.

Debtor/Plaintiff/Appellant Nicole Michelle Schlueter (“Debtor”) appeals an order of the bankruptcy court for the District of Colorado which granted summary judgment to Appellee/Defendant State Farm. The Debtor argues that the bankruptcy court misapplied the law when it concluded that State Farm’s claim was nondischargeable under 11 U.S.C. § 523(a)(3)(A) because although the claims bar date had passed, State Farm had actual knowledge of her bankruptcy in time to file a claim and receive a distribution. Alternatively, she argues that there was a disputed issue of fact…

2Cases cited9 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Caminetti v. United StatesSupreme Court of the United States · 1917
  5. Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997

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

3Cited by7 opinions

  1. Leadbetter v. Snyder (In re Snyder)United States Bankruptcy Court, M.D. Florida · 2016
  2. Croix Oil Co. v. Mai Yer Moua (In Re Mai Yer Moua)United States Bankruptcy Court, D. Minnesota · 2011
  3. In re PhillipsUnited States Bankruptcy Court, D. Kansas · 2019
  4. Cooper v. CrestaniDistrict Court, D. Utah · 2019
  5. Matthews v. GamboaDistrict Court, W.D. Oklahoma · 2021

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

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