Legal Opinion

Phoenix Federal Savings v. Boothe (In Re Boothe)

United States Bankruptcy Court, D. Nebraska

Decided April 14, 1988No. 19-40174PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

THIS MATTER comes before the Court on Motion for Rehearing by Creditor-Plaintiff (Fil. # 7, January 26, 1988), and Order of this Court (Fil. # 24, in BK87-666) dated January 15, 1988, which sustained Debtor-Defendant’s Motion to Dismiss (Fil. #4, November 12, 1987).

FACTS

The issue presented involves whether the filing of a complaint without paying the filing fee is effective for purposes of commencing an action within the time limit specified by the Court for filing a complaint to bar discharge.

The facts in this case are undisputed.…

2Cases cited3 opinions

  1. Edwards v. Whitfield (In Re Whitfield)United States Bankruptcy Court, W.D. Arkansas · 1984
  2. Church Charity Foundation of Long Island v. Spearman (In Re Spearman)United States Bankruptcy Court, E.D. New York · 1987
  3. Duhon v. Mire (In Re Norman)United States Bankruptcy Court, W.D. Louisiana · 1985

3Cited by8 opinions

  1. In Re SherfUnited States Bankruptcy Court, S.D. Texas · 1991
  2. Federal Deposit Insurance v. Brenesell (In Re Brenesell)United States Bankruptcy Court, D. Hawaii · 1989
  3. Security Title & Guaranty Co. v. Day (In Re Day)District Court, E.D. Pennsylvania · 1989
  4. Security Pacific Financial Corp. v. Bade (In Re Bade)United States Bankruptcy Court, D. Nebraska · 1988
  5. Colorado National Bank-Aurora v. Caballer (In Re Caballer)United States Bankruptcy Court, D. Colorado · 1990

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