Legal Opinion

Leadbetter v. Snyder (In re Snyder)

United States Bankruptcy Court, M.D. Florida

Decided January 14, 2016No. Case No. 8:13-bk-16797-MGW; Adv. No. 8:15-ap-00644-MGWPublishedCited by 6 opinions

1Opinion of the Court

*907 MEMORANDUM OPINION ON DISCHARGEABILITY OF DEBT UNDER 11 U.S.C. § 523(a)(3) AND ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

Michael G. Williamson, Chief United States Bankruptcy Judge

Bankruptcy Code § 523(a)(3)(A) excepts from discharge any debt that is not scheduled by the debtor unless the creditor had actual knowledge of the case in time to timely file a proof of claim. Section 726(a)(2)(C), however, provides that a tardily filed claim gets treated as if it were timely filed if the creditor did not have actual knowledge of the case in time for filing of a timely proof of claim and…

2Cases cited17 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Birkett v. Columbia BankSupreme Court of the United States · 1904
  3. Bankr. L. Rep. P 71,005 in the Matter of Barbara Ann Baitcher, Debtor. John Samuel v. Barbara Ann BaitcherCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re: Terrance J. Meyers, Debtor. Terrance J. Meyers v. Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1999
  5. In the Matter of Clayton Wray Stone, Jr. And Jeannine Stone, Debtors. Clayton Wray Stone, Jr. And Wife, Jeannine Stone v. Melvin CaplanCourt of Appeals for the Fifth Circuit · 1994

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3Cited by6 opinions

  1. In re PhillipsUnited States Bankruptcy Court, D. Kansas · 2019
  2. Creative Enterprises HK, Ltd. v. SimmonsUnited States Bankruptcy Court, M.D. Florida · 2021
  3. Irving H. Picard, Trustee for the Liquidation of B v. Ken-Wen Family Limited PartnershipUnited States Bankruptcy Court, S.D. New York · 2022
  4. Matthews v. GamboaDistrict Court, W.D. Oklahoma · 2021
  5. Matthews, Jr. v. GamboaUnited States Bankruptcy Court, W.D. Oklahoma · 2020

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