Legal Opinion
In Re C & G Excavating, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided January 29, 1998No. 19-10200PublishedCited by 5 opinions
1Opinion of the Court
OPINION
THOMAS M. TWARDOWSKI, Bankruptcy Judge.
Before the Court is an objection filed by Debtor (“C & G”) to the proof of claim filed by Sidney R. Rhodes, Jr. (“Rhodes”). Rhodes’ claim is based upon injuries he allegedly sustained on January 12, 1993 while working as a seaman on a dredge owned by C & G. C & G objects to Rhodes’ claim arguing that because Rhodes never filed a complaint to recover for these injuries and the statute of limitations has now expired on Rhodes’ cause of action, Rhodes’ proof of claim must be disallowed. For the reasons that follow, we sustain C & G’s objection to…
2Cases cited15 opinions
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
- Aslanidis v. United States Lines, Inc.Court of Appeals for the Second Circuit · 1993
- United States of America, Department of the Air Force v. Carolina Parachute CorporationCourt of Appeals for the Fourth Circuit · 1990
- Smith v. DowdenCourt of Appeals for the Eighth Circuit · 1995
- Nortex Trading Corp., Claimant-Appellant v. Samuel Newfield, Trustee of Kaunitz & O'brien, Inc., Bankrupt, Trustee-AppelleeCourt of Appeals for the Second Circuit · 1962
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3Cited by5 opinions
- U.S. Lines, Inc. v. U.S. Lines Reorganization TrustDistrict Court, S.D. New York · 2001
- United States v. GurleyCourt of Appeals for the Eighth Circuit · 2006
- United States v. William M. GurleyCourt of Appeals for the Eighth Circuit · 2006
- In re PikeUnited States Bankruptcy Court, D. Maine · 2005
- Promise Healthcare Group, LLCUnited States Bankruptcy Court, D. Delaware · 2023