Legal Opinion
South Dakota Cement Plant v. Jimco Ready Mix Co.
District Court, D. South Dakota
Decided February 10, 1986No. Civ. 85-1058PublishedCited by 21 opinions
1Opinion of the Court
DONALD J. PORTER, Chief Judge.
MEMORANDUM OPINION
This is an appeal by the South Dakota Cement Plant (cement plant) from an order of the bankruptcy court, dated May 31, 1985, dismissing as moot the cement plant’s motion for an extension of time to file a complaint objecting to discharge. 11 U.S.C. § 1141. It is undisputed 1 that appellant never received notice of the deadline for filing a § 1141 complaint, as is dictated by Bank.R.Proc. 4004(a). Because creditors are entitled to receive the notice required by rule 4004(a), this case will be reversed and remanded to the bankruptcy court with…
2Cases cited2 opinions
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Reliable Electric Co., Inc. v. Olson Construction CompanyCourt of Appeals for the Tenth Circuit · 1984
3Cited by21 opinions
- Stanley L. Neeley v. Clinton W. Murchison, Jr.Court of Appeals for the Fifth Circuit · 1987
- Osborn v. Ricketts (In Re Ricketts)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Lompa v. Price (In Re Price)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Herbert v. Schwartz (In Re Schwartz)United States Bankruptcy Court, S.D. New York · 1986
- In Re KleinUnited States Bankruptcy Court, E.D. New York · 1986
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