Svob v. Bryan (In Re Bryan)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The court dismissed a complaint as untimely on a motion that must be treated as a motion for summary judgment. We hold that substantial evidence rebutted the presumption that the clerk’s file stamp accurately recorded when the complaint was filed, which left a genuine issue of material fact that precluded summary judgment.
We REVERSE and REMAND.
FACTS
Creditor Sarah Svob commenced an adversary proceeding against chapter 7 debt- or David Bryan to determine the dis-chargeability of the debt under 11 U.S.C. §§ 523(a)(2)(A) and (a)(4).
Plaintiff says the complaint was…
2Cases cited14 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Alvera M. Aldabe v. Charles D. AldabeCourt of Appeals for the Ninth Circuit · 1980
- McIntosh v. AntoninoCourt of Appeals for the First Circuit · 1995
- In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
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