Legal Opinion

DeLesk v. Rhodes (In Re Rhodes)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 23, 1986No. BAP No. CC-85-1399-VAbM, Bankruptcy No. LA 84-21211-WL, Motion No. M5-04696-WLPublishedCited by 81 opinions

1Opinion of the Court

VOLINN, Bankruptcy Judge:

The appellant, Richard C. DeLesk, contends that neither he nor his attorney, Suzanne DeLesk, received notice from the bankruptcy court of the deadline for filing a complaint to determine nondischargeability in the Chapter 7 bankruptcy case of the appellee, Herbert B. Rhodes. DeLesk’s complaint was filed six months late. The bankruptcy court held it was untimely filed under BR 4007(c), and denied DeLesk’s motion for relief from stay, which was filed four days after the untimely complaint. We affirm.

I

In this particular case, the facts are best stated by providing a…

2Cases cited4 opinions

  1. In Re FigueroaUnited States Bankruptcy Court, S.D. New York · 1983
  2. Marathon Restaurant Corp. v. Three Bros. Development & Construction Co. (In Re Barr)United States Bankruptcy Court, E.D. New York · 1985
  3. European-American Bank v. Hill (In Re Hill)District Court, N.D. Georgia · 1985
  4. In Re NeumannUnited States Bankruptcy Court, D. Minnesota · 1984

3Cited by81 opinions

  1. In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
  2. Stanley L. Neeley v. Clinton W. Murchison, Jr.Court of Appeals for the Fifth Circuit · 1987
  3. In Re Andrew J. Kontrick, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2002
  4. In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
  5. Schunck v. Santos (In Re Santos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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