Legal Opinion
Southern Pacific Land Co. v. Kuhr (In Re Kuhr)
United States Bankruptcy Court, E.D. California
Decided July 19, 1991No. 19-20545PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRETT J. DORIAN, Bankruptcy Judge.
ISSUE
Can the claim of a creditor who receives notice of a bankruptcy filing in time to participate in dividends, if any, paid by the trustee, on the basis of what is termed in 11 U.S.C. section 726(a)(2)(C) a “tardily filed claim,” on a par with creditors whose claims were filed before the claims bar date, be discharged, in view of 11 U.S.C. section 523(a)(3), even though the creditor did not receive notice of the bankruptcy filing prior to the expiration of that bar date?
RULING
In accordance with the discussion set forth below the court…
2Cases cited15 opinions
- In Re Aida Lucilla Rosinski D/B/A New Caravan Garden Bar, Debtor. Aida Rosinski D/B/A New Caravan Garden Bar v. Willard BoydCourt of Appeals for the Sixth Circuit · 1985
- Hughes Alonzo Robinson v. Tommy C. Mann, TrusteeCourt of Appeals for the Fifth Circuit · 1964
- Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990
- Laczko v. Gentran, Inc. (In Re Laczko)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- In Re Michael C. Soult, D.M.D., Debtor, Michael C. Soult, D.M.D., Debtor-Appellee v. William C. Maddox, D.D.S., Creditor-AppellantCourt of Appeals for the Sixth Circuit · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kowalski v. RomanoCourt of Appeals for the Sixth Circuit · 2003
- Lott Furniture, Inc. v. Ricks (In Re Ricks)United States Bankruptcy Court, M.D. Louisiana · 2000
- Leadbetter v. Snyder (In re Snyder)United States Bankruptcy Court, M.D. Florida · 2016
- Eglin Federal Credit Union v. Horlacher (In Re Horlacher)United States Bankruptcy Court, N.D. Florida · 2008
- Purcell v. Khan (In Re Purcell)United States Bankruptcy Court, E.D. California · 2007
2 more not listed; retrieve them via the Exa API.