Legal Opinion
In Re: Zdenek Kieslich and Susan A. Kieslich, Debtors. Zdenek Kieslich, and Susan A. Kieslich, Opinion v. United States
Court of Appeals for the Ninth Circuit
Decided August 2, 2001No. 99-17202PublishedCited by 17 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether an objection to discretionary jurisdiction is waived on appeal by failure to raise it first in the bankruptcy court.
I
Zdenek Kieslich filed a petition for bankruptcy relief under Chapter 7 on August 6, 1986. 1 On July 28, 1988, the IRS filed a proof of claim for $460,000 in federal income taxes owed from tax years 1984 and 1985. On November 20, 1990, the bankruptcy trustee filed an objection on the ground that the proof of claim was time-barred, which the IRS did not oppose.
During this interval, Kieslich filed his first suit against the United…
2Cases cited5 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- George Acri v. Varian Associates, Inc.Court of Appeals for the Ninth Circuit · 1997
- Jane Doe, a Minor Child, by Next Friend, Leslie G. Fein v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1996
- In Re David Lee Carraher and Phyllis Diane Carraher, Debtors. David L. Carraher Phyllis D. Carraher, and Ronald C. Lapekas v. Morgan Electronics, Inc.Court of Appeals for the Ninth Circuit · 1992
- Attorneys Trust v. Videotape Computer Products, Inc.Court of Appeals for the Ninth Circuit · 1996
3Cited by17 opinions
- D. Omar Valdez, Worldstar Communications Corp. v. James S. FeltmanCourt of Appeals for the Eleventh Circuit · 2003
- In re SassonCourt of Appeals for the Ninth Circuit · 2005
- Mano-Y & M, Ltd. v. Field (In Re Mortgage Store, Inc.)Court of Appeals for the Ninth Circuit · 2014
- John Ho v. Frederick RussiCourt of Appeals for the Ninth Circuit · 2022
- Pierce v. Conseco Finance Servicing Corp. (In Re Lockridge)District Court, D. Arizona · 2003
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