Legal Opinion
In the Matter of Robert & Elizabeth Wilkens, Debtors-Appellants v. Simon Brothers, Inc., Creditor-Appellee
Court of Appeals for the Seventh Circuit
Decided April 11, 1984No. 83-2132PublishedCited by 62 opinions
1Per curiam
Debtors Robert and Elizabeth Wilkens, husband and wife, filed a petition for relief under chapter 13 of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 1301-30, listing appellee Simon Brothers, Inc. as an unsecured creditor in their schedules and statements. The first creditors’ meeting took place on March 24, 1981. Appellee attended this and all subsequent meetings, and contributed to plan revisions, but did not file its formal proof of claim until November 4, 1981, more than seven months after the initial creditors’ meeting.
Debtors moved to deny the claim, arguing that creditor had failed…
2Cases cited18 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Hutchinson v. OtisSupreme Court of the United States · 1903
- In Re Pigott, James P., T/d/b/a James P. Pigott Building Materials. Appeal of Conestoga Ceramic Tile Distributors, IncCourt of Appeals for the Third Circuit · 1982
- J. J. Fyne, Trustee in Bankruptcy of the Estate of W. H. Calder Company, Inc., Bankrupt v. Atlas Supply CompanyCourt of Appeals for the Fourth Circuit · 1957
- Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In Re International Horizons, Inc., Debtors, United States of America v. International Horizons, Inc.Court of Appeals for the Eleventh Circuit · 1985
- In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
- In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
- In Re HausladenUnited States Bankruptcy Court, D. Minnesota · 1992
- In the Matter of Mary Leasure Unroe, DebtorCourt of Appeals for the Seventh Circuit · 1991
57 more not listed; retrieve them via the Exa API.