Legal Opinion

In Re Kevin Scott Green and Cheryl Lynn Green, Debtors. Yukon Self Storage Fund v. Kevin Scott Green

Court of Appeals for the Tenth Circuit

Decided June 5, 1989No. 87-2548PublishedCited by 54 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

This is an appeal from the district court’s affirmance of a bankruptcy court judgment dismissing a creditor’s complaint to determine dischargeability as untimely. The question is whether a creditor who does not receive formal notice of the filing of a petition for bankruptcy relief under Chapter 7, but who has actual knowledge shortly after the filing, is bound by the bar date for filing complaints to determine dis-chargeability. We hold the question is answered in the affirmative.

The creditor, Yukon Self Storage Fund, asserted a claim against the debtor, Kevin…

2Cases cited9 opinions

  1. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  2. Reliable Electric Co., Inc. v. Olson Construction CompanyCourt of Appeals for the Tenth Circuit · 1984
  3. In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
  4. Stanley L. Neeley v. Clinton W. Murchison, Jr.Court of Appeals for the Fifth Circuit · 1987
  5. In Re Gregory Alyan Posta and Mary Jones Posta, C.I.T. Financial Services, Inc. v. Gregory Alyan Posta, Mary Jones PostaCourt of Appeals for the Tenth Circuit · 1989

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3Cited by54 opinions

  1. In Re Ralph L. WALKER, Debtor. Ralph L. WALKER, Appellee, v. Robert WILDE, Monty Higley and Jonnie Higley, AppellantsCourt of Appeals for the Tenth Circuit · 1991
  2. In Re Tim THEMY, Dba Brinecell Manufacturing Co., Debtor. Tim THEMY, Dba Brinecell Manufacturing Co., Appellant, v. Jason YU, AppelleeCourt of Appeals for the Tenth Circuit · 1993
  3. In Re UnioilCourt of Appeals for the Tenth Circuit · 1991
  4. Chanute Production Credit Ass'n v. Schicke (In Re Schicke)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
  5. Malloy v. Goldstein (In Re Goldstein)United States Bankruptcy Court, E.D. Pennsylvania · 1991

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