Legal Opinion
Malloy v. Wallace (In re Wallace)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided September 8, 2003No. BAP No. NO-03-024; Bankruptcy No. 02-00073-M; Adversary No. 02-0197-MPublishedCited by 6 opinions
1Opinion of the Court
OPINION
MCFEELEY, Chief Judge.
Stephen Paul Wallace, Appellant/Debtor (“Wallace”) appeals an order of the bankruptcy court of the Northern District of Oklahoma that granted a default judgment to Appellee Patrick J. Malloy, III (“Mal-loy”). Wallace argues that the bankruptcy court erred when it found that he had failed to file an Answer. Wallace further contends that the court abused its discretion when it granted Malloy’s “Motion for a Nunc Pro Tunc Order” because the Motion and the Order were filed on the same date without notice to Wallace. We find no abuse of discretion and affirm.
I.…
2Cases cited17 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Dennis Garberg & Associates, Inc. v. Pack-Tech International Corp.Court of Appeals for the Tenth Circuit · 1997
- Yapp v. Excel CorporationCourt of Appeals for the Tenth Circuit · 1999
- Linda K. Moothart v. A. Gary Bell, Bradley P. Pollock, Bell & Pollock, P.C.Court of Appeals for the Tenth Circuit · 1994
- Bankr. L. Rep. P 67,011 in Re Joseph Robert Stone, Bankrupt. Iva E. Olson v. Joseph Robert StoneCourt of Appeals for the Tenth Circuit · 1978
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3Cited by6 opinions
- Rajala v. Taylor (In re Taylor)Bankruptcy Appellate Panel of the Tenth Circuit · 2013
- In re BenchUnited States Bankruptcy Court, D. Utah · 2016
- Rupp v. PearsonDistrict Court, D. Utah · 2015
- Elizabeth Loveridge v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Salee Amina MohammedUnited States Bankruptcy Court, D. Utah · 2025
1 more not listed; retrieve them via the Exa API.