Legal Opinion
Fasson v. Magouirk (In re Magouirk)
Court of Appeals for the Ninth Circuit
Decided December 2, 1982No. 82-5137PublishedCited by 14 opinions
1Opinion of the Court
HUG, Circuit Judge:
In this bankruptcy action, we are required to define the standard to be applied by the bankruptcy court in considering a motion for leave to file untimely objections to the discharge of an individual debt. We hold that the bankruptcy court erred in applying a strict construction of the term “excusable neglect,” and remand for reconsideration of the motion under the proper standard.
In April 1980, James and Katharine Ma-gouirk filed a voluntary petition for bankruptcy. They listed among their liabilities an unsecured debt to the Fasson Corporation for $87,644.47. Fasson was…
2Cases cited16 opinions
- Premium Service Corporation v. The Sperry & Hutchinson Company, George A. ScottCourt of Appeals for the Ninth Circuit · 1975
- Leon Schwab v. Bullock's Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1975
- Dart Industries Company, Inc., Movant-Appellee v. Westwood Chemical Company, Inc.Court of Appeals for the Ninth Circuit · 1980
- Estate Butler's Tire & Battery Co., Inc. v. Ferrous Financial ServicesCourt of Appeals for the Ninth Circuit · 1979
- Sara Patapoff v. Vollstedt's Inc., a Corporation, Crown Mills, a Corporation and Pacific Supply Co-Operative, a CorporationCourt of Appeals for the Ninth Circuit · 1959
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States ex rel. Familian Northwest, Inc. v. RG & B Contractors, Inc.Court of Appeals for the Ninth Circuit · 1994
- Stodd v. Mufti (In Re Mufti)United States Bankruptcy Court, C.D. California · 1986
- S.J. Groves & Sons Co. v. Peters (In Re Peters)United States Bankruptcy Court, N.D. New York · 1988
- Huennekens v. Marx (In Re Springfield Contracting Corp.)United States Bankruptcy Court, E.D. Virginia · 1993
- Devers v. Frankina (In Re Frankina)United States Bankruptcy Court, E.D. Michigan · 1983
9 more not listed; retrieve them via the Exa API.