Legal Opinion
Peerless Insurance v. Miller (In Re Miller)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided January 20, 1999No. BAP 98-8059PublishedCited by 11 opinions
1Opinion of the Court
OPINION
The Debtor, Merriell L. Miller, appealed the bankruptcy court’s order which denied his motion to dismiss a dischargeability complaint filed by Peerless Insurance Company (“Peerless”). He contends that the complaint was filed untimely, as Peerless filed it beyond the terminal date set by the court and contrary to the plain meaning of Federal Rule of Bankruptcy Procedure 4007(c). We agree, and accordingly, must reverse the contrary conclusion by the bankruptcy court.
I.ISSUE ON APPEAL
Whether the 60-day period of Bankruptcy Rule 4007(c) commences to run from the first date the § 341…
2Cases cited15 opinions
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
- Stanley L. Neeley v. Clinton W. Murchison, Jr.Court of Appeals for the Fifth Circuit · 1987
- DeLesk v. Rhodes (In Re Rhodes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Herndon v. De La Cruz (In Re De La Cruz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- National City Bank v. Elliott (In Re Elliott)Bankruptcy Appellate Panel of the Sixth Circuit · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Bank & Trust, N.A. v. Dunlap (In Re Dunlap)Court of Appeals for the Fifth Circuit · 2000
- Ruehle v. Educational Credit Management Corp. (In Re Ruehle)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- Ohio Farmers Insurance v. Leet (In Re Leet)Bankruptcy Appellate Panel of the Sixth Circuit · 2002
- Block v. Moss (In Re Moss)United States Bankruptcy Court, W.D. Missouri · 2001
- In Re LufkinUnited States Bankruptcy Court, E.D. Tennessee · 2000
6 more not listed; retrieve them via the Exa API.