Legal Opinion
Board of County Commissioners v. Coleman American Properties, Inc. (In re American Properties, Inc.)
United States Bankruptcy Court, D. Kansas
Decided May 15, 1983No. Bankruptcy No. 82-0375; Adv. No. 80-40156PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES A. PUSATERI, Bankruptcy Judge.
In this chapter 11 proceeding, upon the debtor’s motion for reconsideration, issues of notice are presented.
The issues presented for determination are:
1. Was proof of mailing shown by the debtor, sufficient to create a presumption that notice was received.
2. Was notice that the debtor was disputing the creditor’s claim constitutionally sufficient to bar filing of a claim after September 9, 1980.
FINDINGS OF FACT
The debtor filed a chapter 11 petition in bankruptcy on March 5, 1980. The Court file does not contain a certificate of service…
2Cases cited11 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Edouard Legille v. C. Marshall Dann, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1976
- In the Matter of Intaco Puerto Rico, Inc., Debtor. Appeal of Gabriel Alvarez & AssociatesCourt of Appeals for the First Circuit · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Federal Kemper Life Assurance Co. v. EllisCourt of Appeals for the Tenth Circuit · 1994
- In Re Robintech, Inc.United States Bankruptcy Court, N.D. Texas · 1987
- Howard v. Ferrellgas Partners, L.P.District Court, D. Kansas · 2015
- In Re ATD Corp.United States Bankruptcy Court, N.D. Ohio · 2002
- Rozich v. Cruey (In Re Cruey)United States Bankruptcy Court, W.D. Virginia · 1993
4 more not listed; retrieve them via the Exa API.