Legal Opinion

Duffy v. Dwyer (In Re Dwyer)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 21, 2003No. BAP No. CC-03-1242-KBOB. Bankruptcy No. SV 02-17770-AG. Adversary No. SV 02-02266-AGPublishedCited by 8 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

A nondischargeability adversary proceeding was dismissed as untimely filed. We REVERSE and publish to call attention to the status of the day after Thanksgiving as a California holiday that qualifies as a “legal holiday” under Federal Rule of Bankruptcy Procedure 9006(a), which mirrors Federal Rule of Civil Procedure 6(a) and Federal Rule of Appellate Procedure 26(a)(4).

FACTS

Appellee, Patricia Dwyer (“Dwyer”), filed a voluntary chapter 7 bankruptcy petition on August 29, 2002.

The deadline prescribed by Federal Rule of Bankruptcy Procedure 4007(c) for filing…

2Cases cited6 opinions

  1. Union National Bank v. LambSupreme Court of the United States · 1949
  2. Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. In the Matter of American Healthcare Management, Inc., a Delaware Corporation, Debtor. Chapman Investment Associates v. American Healthcare ManagementCourt of Appeals for the Fifth Circuit · 1990
  4. Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Deleon v. Bay Area Rapid Transit DistrictCalifornia Supreme Court · 1983

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3Cited by8 opinions

  1. New Falls Corp. v. Boyajian (In Re Boyajian)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. In Re Patricia A. Dwyer, Debtor. Patricia A. Dwyer v. Vincent J. DuffyCourt of Appeals for the Ninth Circuit · 2005
  3. Michael N. Sofris, APC v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Savaria v. United States (In Re Savaria)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. Chase Bank USA, N.A. v. Weber (In Re Weber)United States Bankruptcy Court, E.D. Pennsylvania · 2010

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

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