Legal Opinion

In the Matter of George A. Boucher and Maxine E. Boucher, Debtors. Elmer G. Carlson v. George A. Boucher and Maxine E. Boucher

Court of Appeals for the Eighth Circuit

Decided April 23, 1984No. 83-1904PublishedCited by 6 opinions

1Opinion of the Court

ROSS, Circuit Judge.

Appellees George and Maxine Boucher filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code on May 3, 1982. At the time of filing, the Bouchers and Carlson were involved in two lawsuits in Nebraska District Court. 1 The Bouchers did not list Carlson as a creditor on their schedules or give him notice of the filing. However, the Bouchers’ statement of financial affairs listed the two lawsuits then pending, as well as the amount of money involved. On June 24, 1982, a creditors’ meeting was held pursuant to 11 U.S.C. § 341. Carlson did not…

2Cases cited3 opinions

  1. Keenan v. Builders Appliances, Inc.District Court, E.D. Wisconsin · 1974
  2. In Re BreiningUnited States Bankruptcy Court, S.D. New York · 1980
  3. Rusch Factor Division v. Miller (In Re Mission Carpet Mills, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981

3Cited by6 opinions

  1. In Re DesiderioUnited States Bankruptcy Court, E.D. Pennsylvania · 1997
  2. Santana Olmo v. Quiñones Rivera (In Re Quiñones Rivera)District Court, D. Puerto Rico · 1995
  3. Farmers State Bank of Nebraska v. Citizens Bank (In re BTR Partnership)District Court, D. Nebraska · 2003
  4. In Re GarnerUnited States Bankruptcy Court, W.D. Texas · 2006
  5. In re Argon Credit LLCUnited States Bankruptcy Court, N.D. Illinois · 2017

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