Legal Opinion

In Re Barbara Gail Markus, Debtor, Barbara Gail Markus v. Mary-Ann Gschwend

Court of Appeals for the Ninth Circuit

Decided December 17, 2002No. 01-17279PublishedCited by 15 opinions

1Opinion of the Court

OPINION

RYMER, Circuit Judge.

Barbara Gail Markus appeals the Bankruptcy Appellate Panel’s (BAP) reversal of a bankruptcy court’s dismissal as time-barred of an adversary complaint objecting to Markus’s discharge by Mary-Ann Gschwend, who was a judgment creditor of Markus. The complaint was untimely under Bankruptcy Rules 4004(a) and 4007(a) because it was filed more than 60 days after the first date set for the meeting of creditors. However, the BAP held in a published opinion that the complaint related back to a “Motion to Object to Debtors [sic] Discharge and Convert the Chapter 7 Case to…

2Cases cited9 opinions

  1. Cunningham v. Hamilton CountySupreme Court of the United States · 1999
  2. Barber v. MillerCourt of Appeals for the Ninth Circuit · 1998
  3. In Re H. Frank Dominguez, Debtor. H. Frank Dominguez v. David D. Miller Denyse M. MillerCourt of Appeals for the Ninth Circuit · 1995
  4. Rural Fire Protection Company, a Corporation v. William E. HeppCourt of Appeals for the Ninth Circuit · 1966
  5. Ricardo Santana v. Holiday Inns, Inc., Gene Johnson, Randy Scheets, Bruce Faltin as Employees Holiday Inns, Inc.Court of Appeals for the Ninth Circuit · 1982

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

3Cited by15 opinions

  1. O'Donnell v. Vencor, Inc.Court of Appeals for the Ninth Circuit · 2006
  2. O'Donnell v. Vencor Inc.Court of Appeals for the Ninth Circuit · 2006
  3. Hank Willms v. Rowe Sanderson, IiiCourt of Appeals for the Ninth Circuit · 2013
  4. Stasz v. Gonzalez (In Re Stasz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. David Beem v. Gary Allan FergusonCourt of Appeals for the Eleventh Circuit · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API