Legal Opinion
In Re Middle Plantation of Williamsburg, Inc.
United States Bankruptcy Court, E.D. Virginia
Decided February 21, 1984No. 19-50278PublishedCited by 14 opinions
1Opinion of the Court
IN WHICH WE FIND BANKRUPTCY RULE 3003 UNCONSTITUTIONAL, IN PART
HAL J. BONNEY, Jr., Bankruptcy Judge.
The Bankruptcy Code is a remarkable improvement over the Bankruptcy Act. Among its many virtues are efforts to eliminate the necessity of creditors having to file claims in certain instances. Consider § 1111(a):
A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules filed under section 521(1) or 1106(a)(2) of this title, except a claim or interest that is scheduled as disputed, contingent or unliquidated.
Axiomatically,…
2Cases cited8 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- Board of County Commissioners v. Coleman American Properties, Inc. (In Re American Properties, Inc.)United States Bankruptcy Court, D. Kansas · 1983
- D. C. Transit System, Inc. v. United StatesDistrict Court, District of Columbia · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Nutri Bevco, Inc.United States Bankruptcy Court, S.D. New York · 1990
- In Re Computer Devices, Inc.United States Bankruptcy Court, D. Massachusetts · 1985
- In Re LarsenUnited States Bankruptcy Court, E.D. Virginia · 1987
- In Re Middle Plantation of Williamsburg, Inc.District Court, E.D. Virginia · 1985
- Siouxland Beef Processing Co. v. Knight (In Re Siouxland Beef Processing Co.)United States Bankruptcy Court, N.D. Iowa · 1985
9 more not listed; retrieve them via the Exa API.