Legal Opinion

Georgia Department of Revenue v. Mouzon Enterprises, Inc. (In Re Mouzon Enterprises, Inc.)

Court of Appeals for the Eleventh Circuit

Decided July 8, 2010No. 09-13330PublishedCited by 4 opinions

1Opinion of the Court

BARBOUR, District Judge:

The matter on appeal pertains to the manner in which Rule 9024 of the Federal Rules of Bankruptcy Procedure is to be applied. Concluding that the courts below erred in holding that an order resolving a claim that has been objected to, but not litigated, constitutes an order “entered without a contest” for the purposes of Rule 9024, we REVERSE.

I. Background

On December 5, 2005, Appellee, Mouzon Enterprises, Inc. (“Mouzon”), filed a Petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of…

2Cases cited10 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  3. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  4. United States v. Stanley StreetCourt of Appeals for the Eleventh Circuit · 2006
  5. In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc.Court of Appeals for the Eleventh Circuit · 2005

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

3Cited by4 opinions

  1. Maury Rosenberg v. DVI Receivables XIV, LLCCourt of Appeals for the Eleventh Circuit · 2016
  2. Linda Romano-Murphy v. Commissioner of IRSCourt of Appeals for the Eleventh Circuit · 2016
  3. In Re SalanderUnited States Bankruptcy Court, S.D. New York · 2011
  4. Kai Hansjurgens v. Donald H. BaileyCourt of Appeals for the Eleventh Circuit · 2024

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