Legal Opinion

McGowan v. Ries (In Re McGowan)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 26, 1998No. BAP 98-6031MNPublishedCited by 32 opinions

1Opinion of the Court

KOGER, Chief Judge.

Mark John McGowan, the debtor, appeals from the portion of the bankruptcy court’s2 order entered on April 2, 1998, in which the court sustained the objection filed by Charles W. Ries, the Chapter 7 Trustee, to McGowan’s claimed homestead exemption in real property. McGowan appeals, asserting that the Trustee’s objection was untimely under Minnesota Local Bankruptcy Rule 2003-1 and that the bankruptcy court improperly used its equitable powers under 11 U.S.C. § 105(a) to consider the untimely objection. In support of affirmance, the Trustee argues that his objection was…

2Cases cited23 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
  3. Frances Kern v. Txo Production CorporationCourt of Appeals for the Eighth Circuit · 1984
  4. Jaffke v. DunhamSupreme Court of the United States · 1957
  5. Morley Construction Co. v. Maryland Casualty Co.Supreme Court of the United States · 1937

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3Cited by32 opinions

  1. Cepelak v. Sears (In Re Sears)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  2. GMAM Investment Funds Trust I v. Globo Comunicacoes E Participacoes S.A. (In Re Globo Comunicacoes E Participacoes S.A.)District Court, S.D. New York · 2004
  3. Dworsky v. Canal Street Limited Partnership (In Re Canal Street Limited Partnership)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Alexander v. Jensen-Carter (In Re Alexander)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. Ferren v. Searcy Winnelson Co. (In Re Ferren)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998

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

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