Legal Opinion

Hank Willms v. Rowe Sanderson, Iii

Court of Appeals for the Ninth Circuit

Decided July 25, 2013No. 12-35135PublishedCited by 24 opinions

1Opinion of the Court

OPINION

NGUYEN, Circuit Judge:

Appellant Rowe Sanderson III appeals from the district court’s judgment affirming the bankruptcy court’s order granting Appellees Hank and Dolly Willmses’ motion for an extension of time to file a nondischargeability complaint. We conclude that under our existing case law the bankruptcy court erred in two ways — by sua sponte extending the time for the Willmses to file a nondischargeability complaint after the deadline had already passed and by doing so without either a showing or a finding of cause. Therefore, we reverse the district court and remand with…

2Cases cited31 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Castro v. United StatesSupreme Court of the United States · 2003
  4. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  5. Cohen v. De La CruzSupreme Court of the United States · 1998

26 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Gardens Reg. Hosp. & Med. Ctr. v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 2020
  2. Augustine Bustos v. Steven MolaskyCourt of Appeals for the Ninth Circuit · 2016
  3. Szanto v. Internal Revenue Service (In re Szanto)United States Bankruptcy Court, D. Oregon · 2017
  4. Smith v. Mid-South Maint., Inc.District Court, N.D. Mississippi · 2019
  5. Guerra v. JaramilloCourt of Appeals for the Ninth Circuit · 2014

19 more not listed; retrieve them via the Exa API.

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