Legal Opinion
Wallach v. Frink America, Inc. (In Re Nuttall Equipment)
United States Bankruptcy Court, W.D. New York
Decided October 13, 1995No. 2-19-20088PublishedCited by 9 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy Judge.
There is abundant authority to the effect that prepetition claims against a corporate Chapter 11 debtor are not discharged under 11 U.S.C. § 1141(d)(1) if the debtor knew of the claim and did not schedule the creditor and if the creditor, therefore, never received the notices required by statute. It further appears that this rule appertains even if the unscheduled creditor was aware of the bankruptcy. 1 This rule largely flows from considerations of due process of law.
But what if the Chapter 11 debtor-in-possession does not know of the creditor’s claim? And…
2Cases cited8 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
- Adam Glass Service, Inc. v. Federated Department Stores, Inc.District Court, E.D. New York · 1994
- Orcon, Inc. v. Nevada Emergency Services, Inc. (In Re Nevada Emergency Services, Inc.)United States Bankruptcy Court, D. Nevada · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Worldcom, Inc.United States Bankruptcy Court, S.D. New York · 2009
- In Re ZellaUnited States Bankruptcy Court, E.D. Virginia · 1996
- Horwitz v. Rote (In re Moorhouse)United States Bankruptcy Court, W.D. New York · 2013
- Walker v. Lee (In re Rounds)United States Bankruptcy Court, W.D. Arkansas · 1999
- Monster Content, LLC v. Homes. Com, Inc.United States Bankruptcy Court, N.D. California · 2005
4 more not listed; retrieve them via the Exa API.