Legal Opinion

Tidwell v. Smith (In Re Smith)

Court of Appeals for the Seventh Circuit

Decided September 23, 2009No. 08-3358PublishedCited by 61 opinions

1Opinion of the Court

ROVNER, Circuit Judge.

When defendant-appellant Dr. Bruce S. Smith filed a Chapter 7 bankruptcy petition in September 2005, he failed to include appellees Trina Tidwell and Sandra Sterling-Ahlla on his schedule of creditors holding unsecured, nonpriority claims. Tidwell and Sterling-Ahlla had sued Smith in state court for sexual assault. Because Smith omitted Tidwell and Sterling-Ahlla from his list of creditors, neither of them was sent notice of his bankruptcy petition. Their counsel learned of Smith’s pending bankruptcy only weeks before his discharge and took no action at that time.

Roughly…

2Cases cited48 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  4. In the Matter of Marvin C. THIRTYACRE, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  5. In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988

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3Cited by61 opinions

  1. First Weber Group, Incorporate v. Jonathan HorsfallCourt of Appeals for the Seventh Circuit · 2013
  2. Kovacs v. United StatesCourt of Appeals for the Seventh Circuit · 2010
  3. Kovacs v. United StatesCourt of Appeals for the Seventh Circuit · 2014
  4. Adams v. AdamsCourt of Appeals for the Seventh Circuit · 2013
  5. Buke, LLC v. Eastburg (In Re Eastburg)Bankruptcy Appellate Panel of the Tenth Circuit · 2011

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