Legal Opinion

Svob v. Bryan (In Re Bryan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 29, 2001No. BAP No. CC-00-1333-BKMo. Bankruptcy No. LA 99-53300-TD. Adversary No. LA 00-01420-TDPublishedCited by 10 opinions

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

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Alvera M. Aldabe v. Charles D. AldabeCourt of Appeals for the Ninth Circuit · 1980
  4. McIntosh v. AntoninoCourt of Appeals for the First Circuit · 1995
  5. In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Paine v. Griffin (In Re Paine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. Donaldson v. Ortenzo Hayes (In Re Ortenzo Hayes)United States Bankruptcy Court, C.D. California · 2004
  4. Choice Hotels International, Inc. v. Wright (In Re Wright)United States Bankruptcy Court, C.D. California · 2006
  5. Kearns v. Transamerica Home Loan (In Re Kearns)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004

5 more not listed; retrieve them via the Exa API.

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