Legal Opinion

Stanley L. Neeley v. Clinton W. Murchison, Jr.

Court of Appeals for the Fifth Circuit

Decided April 29, 1987No. 86-1582PublishedCited by 148 opinions

1Opinion of the Court

GEE, Circuit Judge:

The creditor in this Chapter 11 bankruptcy proceeding failed to file his objection to dischargeability within the time limitation set by Rule 4007(c) of the Bankruptcy Rules of Procedure; likewise, the clerk’s office failed to provide notice of the dischargeability bar date as required by the same Rule. We hold that the clerk’s failure to provide notice does not suspend the running of the fixed limitation period. Because the creditor had notice of the bankruptcy proceedings and more than ample opportunity to file his complaint in time, we affirm the district court’s…

2Cases cited8 opinions

  1. Neeley v. Bankers Trust Co.Court of Appeals for the Fifth Circuit · 1985
  2. DeLesk v. Rhodes (In Re Rhodes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  3. In Re FigueroaUnited States Bankruptcy Court, S.D. New York · 1983
  4. Francis v. Riso (In Re Riso)District Court, D. New Hampshire · 1986
  5. Herbert v. Schwartz (In Re Schwartz)United States Bankruptcy Court, S.D. New York · 1986

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3Cited by148 opinions

  1. Kontrick v. RyanSupreme Court of the United States · 2004
  2. In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
  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. In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
  5. In the Matter of Henry Charles Sam and Gloria H. Sam, Debtors. Sidney Louis Grossie v. Henry Charles SamCourt of Appeals for the Fifth Circuit · 1990

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