Legal Opinion
Davis v. Columbia Construction Co. (In re Davis)
Court of Appeals for the Fourth Circuit
Decided June 28, 1991No. 90-3096PublishedCited by 4 opinions
1Opinion of the Court
ERVIN, Chief Judge:
Debtors Thomas and Shirley Davis appeal from a judgment of the district court, which affirmed the bankruptcy court’s finding that Bankruptcy Rule 3004 precludes their untimely filing of a proof of claim on behalf of their creditor, the Internal Revenue Service, in their Chapter 7 bankruptcy action. Finding no grounds from which to infer that the Davises’ failure to file by the Rule 3004 deadline was the result of excusable neglect, we affirm the district' court’s judgment.
*773I.
Thomas and Shirley Davis (Debtors) were owners and officers of a corporation, T & S Electric, which…
2Cases cited23 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Gary D. Hanson, Sandra Kay Hanson v. First Bank of South Dakota, N.A.Court of Appeals for the First Circuit · 1987
- Hutchinson v. OtisSupreme Court of the United States · 1903
- In Re John R. Kolstad, Debtor. United States of America (Internal Revenue Service) v. John R. KolstadCourt of Appeals for the Fifth Circuit · 1991
- In Re Coastal Alaska Lines, Inc., Debtor. Zidell, Inc. v. Daniel E. Forsch, Esq., TrusteeCourt of Appeals for the Ninth Circuit · 1990
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3Cited by4 opinions
- In Re GlickUnited States Bankruptcy Court, W.D. Virginia · 1991
- In Re McLaughlinUnited States Bankruptcy Court, N.D. Iowa · 1993
- Harden v. Texas Department of Transportation (In Re Aer-Aerotron, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1995
- In Re DavisCourt of Appeals for the Fourth Circuit · 1991