Legal Opinion
In the Matter of Martin A. Smith, Jr. And Linda Brightbill Smith, Debtors. Omni Manufacturing, Inc. v. Martin A. Smith, Jr. And Linda Brightball Smith
Court of Appeals for the Fifth Circuit
Decided May 27, 1994No. 93-3310PublishedCited by 44 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
In this Chapter 11 Bankruptcy ease, the bankruptcy and district courts refused to hold that nearly $70,000 owed to Omni was nondischargeable because the debt was not properly scheduled in time to permit Omni to file a proof of claim and Omni had no other notice or actual knowledge of the case. See 11 U.S.C. § 523(a)(3). Instead, the courts authorized “for Omni’s benefit” an extension of time to file a proof of claim, and they justified the extension under their construction of section 523(a)(3) and alternately of Bankruptcy Code § 105 and Bankruptcy Rules…
2Cases cited10 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1989
- Hughes Alonzo Robinson v. Tommy C. Mann, TrusteeCourt of Appeals for the Fifth Circuit · 1964
- In the Matter of Ray Bryan ADAMS, Jr., Bankrupt. Z.D. BONNER, Plaintiff-Appellee, v. Ray Bryan ADAMS, Jr., Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Greyhound Lines, Inc. v. Rogers (In Re Eagle Bus Mfg., Inc.)Court of Appeals for the Fifth Circuit · 1995
- In the Matter of Alan J. Faden Harriet B. Faden, Debtors. Alan J. Faden Harriet B. Faden v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1996
- Dorsey v. United States Department of Education (In Re Dorsey)Court of Appeals for the Fifth Circuit · 2017
- In Re FriesenhahnUnited States Bankruptcy Court, W.D. Texas · 1994
- In Re 50-Off Stores, Inc.United States Bankruptcy Court, W.D. Texas · 1998
39 more not listed; retrieve them via the Exa API.