In the Matter of Don Edward McGUIRT, Debtor. Charles B. COVERT, Appellant, v. Don Edward McGUIRT, Appellee

JERRY E. SMITH, Circuit Judge:

Today we are asked to remedy the seemingly harsh consequences of a bankruptcy filing deadline by acknowledging a notice-based exception to a bankruptcy rule. Concluding that no exception can be justified on these facts, we affirm.

I

In 1983 Charles B. Covert sued Don Edward McGuirt in Texas state court, alleging several counts of fraud, misrepresentation, and mismanagement on the part of McGuirt with respect, to a real estate partnership involving both men. Just before the trial was to begin, McGuirt filed a voluntary Chapter 7 bankruptcy petition, thereby…