Elliott v. Weil (In Re Elliott)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PAPPAS, Bankruptcy Judge.
Debtor Edward E. Elliot (“Debtor”) appeals the summary judgment entered by the bankruptcy court in favor of chapter 7 1 trustee Diane C. Weil (“Trustee”) revoking Debtor’s discharge pursuant to § 727(d)(1) and ordering that Debtor turn over a house to Trustee pursuant to § 542(a). We conclude that Trustee’s discharge revocation complaint was not timely filed as required by § 727(e)(1) and, therefore, that the bankruptcy court erred in revoking Debtor’s discharge. We thus VACATE that portion of the judgment and REMAND this matter to the bankruptcy court with…
2Cases cited23 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Kontrick v. RyanSupreme Court of the United States · 2004
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
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3Cited by8 opinions
- Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- Diane Weil v. Edward ElliottCourt of Appeals for the Ninth Circuit · 2017
- Ehrenberg v. Roussos (In re Roussos)United States Bankruptcy Court, C.D. California · 2015
- Bethke v. Shane (In re Shane)United States Bankruptcy Court, N.D. California · 2016
- Diane Weil v. Edward ElliottCourt of Appeals for the Ninth Circuit · 2017
3 more not listed; retrieve them via the Exa API.