Legal Opinion

Keys v. 701 Mariposa Project, LLC (In Re 701 Mariposa Project, LLC)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 31, 2014No. BAP CC-13-1329-KuBlPa; Bankruptcy SV 12-11486-MTPublishedCited by 9 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

Pursuant to Rule 3004, 1 debtor 701 Mar-iposa Project, LLC filed a proof of claim on behalf of Sherrie Keys. 701 Mariposa then filed an objection to that claim, which the bankruptcy court sustained based in part on Keys’ failure to respond to the claim objection. Roughly four months later, Keys filed a motion seeking to set aside the disallowance of her claim, but the bankruptcy court denied that motion. Keys appeals from the denial of her motion.

The bankruptcy court’s order disallowing Keys’ claim is void because the bankruptcy court did not have…

2Cases cited32 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  4. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  5. Taylor v. SturgellSupreme Court of the United States · 2008

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3Cited by9 opinions

  1. In re: Chunchai YuUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  2. In re: Chunchai YuUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  3. In re: Jeanette DryerUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  4. In re: Michelle Darlene WilsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  5. In re: Teresa Jean MooreUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2018

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