Introducing ATLASLearn more
Legal Opinion

Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. Isaacman

Court of Appeals for the Sixth Circuit

Decided June 3, 1994No. 93-5716PublishedCited by 167 opinions

1Opinion of the Court

MILBURN, Circuit Judge.

In this bankruptcy proceeding, plaintiff J.E. Nicholson, Jr. filed a complaint seeking to have a debt owed to him by defendant Kenneth L. Isaacman declared nondischargeable. The bankruptcy court concluded that plaintiffs complaint was untimely, despite the fact that it was filed within the date set by the court clerk following a change of venue, 149 B.R. 502. The district court affirmed. On appeal, the issues are (1) whether a bankruptcy court is empowered to exercise its equitable powers to correct its own mistake where a creditor reasonably relies on that mistake, and…

2Cases cited16 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. In Re David G. Zick, Debtor. Industrial Insurance Services, Inc. v. David G. ZickCourt of Appeals for the Sixth Circuit · 1991
  3. Bankr. L. Rep. P 74,995 in Re Lawrence S. Charfoos, Debtor. Michigan National Bank v. Lawrence S. CharfoosCourt of Appeals for the Sixth Circuit · 1992
  4. In Re John Frederick Anwiler, Debtor. John Frederick Anwiler v. Gregory S. Patchett and Kathleen GriffinCourt of Appeals for the Ninth Circuit · 1992
  5. In Re Tim THEMY, Dba Brinecell Manufacturing Co., Debtor. Tim THEMY, Dba Brinecell Manufacturing Co., Appellant, v. Jason YU, AppelleeCourt of Appeals for the Tenth Circuit · 1993

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

3Cited by167 opinions

  1. In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
  2. In Re Laguna Associates Limited Partnership, Debtor. Laguna Associates Limited Partnership v. Aetna Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1994
  3. In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
  4. In Re SmitherUnited States Bankruptcy Court, W.D. Kentucky · 1996
  5. Onkyo Europe Electronics GMBH v. Global Technovations Inc. (In Re Global Technovations Inc.)Court of Appeals for the Sixth Circuit · 2012

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

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

View API DocsGet API Key

Powered by the Exa API