Legal Opinion

Hathorn v. Petty (In re Petty)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 8, 2013No. BAP No. 13-6002PublishedCited by 5 opinions

1Opinion of the Court

SALADINO, Bankruptcy Judge.

This is an appeal of a bankruptcy court’s order granting the Debtor-Defendant’s motion to dismiss an adversary proceeding as untimely. For the reasons stated below, we reverse.

FACTS AND PROCEDURAL HISTORY

On May 21, 2012, Dr. Corwin D. Petty and Rachel R. Petty filed a case under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the Western District of Arkansas. Prior to filing bankruptcy, Michael and Michele Hathorn had filed a complaint against Dr. Petty in the Circuit Court of Benton County, Arkansas, asserting various state law claims…

2Cases cited23 opinions

  1. Frank Thomas v. General Motors Acceptance Corp.Court of Appeals for the Seventh Circuit · 2002
  2. In the Matter of Henry Charles Sam and Gloria H. Sam, Debtors. Sidney Louis Grossie v. Henry Charles SamCourt of Appeals for the Fifth Circuit · 1990
  3. In Re Popkin & SternCourt of Appeals for the Eighth Circuit · 2000
  4. In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  5. Bankr. L. Rep. P 74,571 in Re Judy L. Dewalt, Debtor. Manufacturers Hanover, Fka Finance One of California, Inc. v. Judy L. DewaltCourt of Appeals for the Ninth Circuit · 1992

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

3Cited by5 opinions

  1. In re GreenbergUnited States Bankruptcy Court, E.D. New York · 2015
  2. In re GarlandUnited States Bankruptcy Court, S.D. New York · 2013
  3. County of Dakota v. Milan (In re Milan)United States Bankruptcy Court, D. Minnesota · 2016
  4. King v. DennisUnited States Bankruptcy Court, N.D. Georgia · 2020
  5. Washington v. AbreuUnited States Bankruptcy Court, N.D. Georgia · 2021

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