Legal Opinion

Anderson v. Poole (In Re Poole)

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 8, 1995No. 19-10868PublishedCited by 13 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

The instant adversary proceeding and a related motion in the Debtor’s main bankruptcy case present, at bottom, the issue of whether a debtor can have her Chapter 7 discharge challenged by a party who commences his efforts against her several months after the case has been closed, despite the fact that he received timely notice of the pertinent bankruptcy proceedings, but while he was incarcerated and allegedly under heavy medication. We determine that, while an incapacity may, hypothetically, be a valid exception to the strict time…

2Cases cited37 opinions

  1. Boddie v. ConnecticutSupreme Court of the United States · 1971
  2. Kokoszka v. BelfordSupreme Court of the United States · 1974
  3. Bowman v. Belt Valley Bank (In Re Bowman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  4. American State Bank v. Montgomery (In Re Montgomery)United States Bankruptcy Court, N.D. Indiana · 1988
  5. In Re Roger Lynn Zimmerman, Debtor. Jane Doe v. Roger Lynn ZimmermanCourt of Appeals for the Eighth Circuit · 1989

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3Cited by13 opinions

  1. Hunter v. Magack (In Re Magack)United States Bankruptcy Court, N.D. Ohio · 1999
  2. Rezin v. Barr (In Re Barr)United States Bankruptcy Court, N.D. Illinois · 1997
  3. State Bank of India v. Kaliana (In Re Kaliana)United States Bankruptcy Court, N.D. Illinois · 1996
  4. Kaler v. Olmstead (In Re Olmstead)United States Bankruptcy Court, D. North Dakota · 1998
  5. Olsen v. Reese (In Re Reese)United States Bankruptcy Court, N.D. Illinois · 1997

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

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