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Legal Opinion

In Re Ryan

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 24, 1985No. 15-13983PublishedCited by 22 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Chief Bankruptcy Judge:

The primary point for decision is whether a creditor must receive actual notice of the bar date for filing a proof of claim, rather than be deemed to have received notice of the bar date under a presumption of the regularity of mail. On the grounds set forth below, we conclude that proof of actual notice is not required when the presumption attaches.

We summarize the facts of this controversy as follows: 1 The debtor filed a petition for relief under chapter 7 of the Bankruptcy Code (“the Code”) in 1981. Based on the mailing list supplied by the…

2Cases cited7 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. In Re Pigott, James P., T/d/b/a James P. Pigott Building Materials. Appeal of Conestoga Ceramic Tile Distributors, IncCourt of Appeals for the Third Circuit · 1982
  3. Higgins Lumber Co. v. MaruccaSuperior Court of Pennsylvania · 1946
  4. In Re Crouthamel Potato Chip Co.District Court, E.D. Pennsylvania · 1985
  5. Julian C. Cohen Salvage Corp. v. Eastern Electric Sales Co.Superior Court of Pennsylvania · 1965

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re SternUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. In Re OwensUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. In Re GlowUnited States Bankruptcy Court, N.D. Indiana · 1990
  4. In Re ChirilloUnited States Bankruptcy Court, N.D. Illinois · 1988
  5. In Re UngarUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

17 more not listed; retrieve them via the Exa API.

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