Duffy v. Dwyer (In Re Dwyer)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Union National Bank v. LambSupreme Court of the United States · 1949
- Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- 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
- Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Deleon v. Bay Area Rapid Transit DistrictCalifornia Supreme Court · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New Falls Corp. v. Boyajian (In Re Boyajian)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re Patricia A. Dwyer, Debtor. Patricia A. Dwyer v. Vincent J. DuffyCourt of Appeals for the Ninth Circuit · 2005
- Michael N. Sofris, APC v. Maple-Whitworth, Inc. (In Re Maple-Whitworth, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Savaria v. United States (In Re Savaria)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- 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.