Legal Opinion

England v. Stevens (In Re Stevens)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 30, 1989No. BAP Nos. NC-89-1017 RMeV, NC-89-1018 RMeV, Bankruptcy Nos. 3-87-00291-E-TC, 3-87-00289-E-TC, Adv. Nos. 3-88-0413-LK, 3-88-0422-LKPublishedCited by 15 opinions

1Opinion of the Court

AMENDED OPINION

RUSSELL, Bankruptcy Judge:

The bankruptcy court held that appellant could not bring a complaint objecting to the debtor’s discharge pursuant to Section 727 during the period starting after the last date to timely file a complaint objecting to discharge under Section 727(a), as set forth in Rule 4004(a), and ending with the date when a discharge was actually entered, after which an action may be brought under Section 727(d) to revoke the discharge. 1 We hold that a party may bring an action under Section 727(d) during that period, as if a discharge had been entered. Debtors…

2Cases cited11 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. City of Los Angeles v. Preferred Communications, Inc.Supreme Court of the United States · 1986
  3. In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
  4. Ernest W. Hahn, Inc. v. Hugh B. Codding, Codding Enterprises v. Ernest W. Hahn, Inc.Court of Appeals for the Ninth Circuit · 1980
  5. Securities & Exchange Commission v. Lincoln Thrift Ass'nCourt of Appeals for the Ninth Circuit · 1978

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3Cited by15 opinions

  1. Zedan v. HabashCourt of Appeals for the Seventh Circuit · 2008
  2. In Re Claude Emery, Debtor. Citibank, N.A. v. Claude EmeryCourt of Appeals for the Second Circuit · 1998
  3. Tighe v. Valencia (In Re Guadarrama)District Court, C.D. California · 2002
  4. Lincoln National Life Insurance v. Silver (In Re Silver)United States Bankruptcy Court, D. New Mexico · 2007
  5. Walton v. Staub (In Re Staub)United States Bankruptcy Court, S.D. Georgia · 1997

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