Legal Opinion

In Re Benjamin Coal Company David J. Benjamin

Court of Appeals for the Third Circuit

Decided November 3, 1992No. 92-3176PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I

BACKGROUND

This is an appeal from an order of the district court affirming a bankruptcy court order denying as untimely David Benjamin’s claim against the Chapter 7 estate of Benjamin Coal Company (BCC). This court has jurisdiction pursuant to the bankruptcy appeal provisions of 28 U.S.C. § 158(d). BCC originally filed a Chapter 11 petition in October 1984 and converted that reorganization case to a Chapter 7 liquidation in June 1989. After the conversion to Chapter 7, an initial meeting of creditors was held on August 9,1989, thus establishing a…

2Cases cited5 opinions

  1. In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
  2. Official Committee of Unsecured Creditors of White Farm Equipment Co. v. United StatesSupreme Court of the United States · 1992
  3. In the Matter of Official Committee of Unsecured Creditors of White Farm Equipment Company, Debtor. Appeal of Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1991
  4. In Re Walter Johnson Dba Johnson Star Route, Debtor. United States of America v. Richard B. Ginley, TrusteeCourt of Appeals for the Sixth Circuit · 1990
  5. United States v. Shepherd Oil, Inc. (In Re Shepherd Oil, Inc.)United States Bankruptcy Court, D. Arizona · 1990

3Cited by45 opinions

  1. Thomas Holstein v. Kevin BrillCourt of Appeals for the Seventh Circuit · 1993
  2. In Re Chelcey R. Fowler in Re Lynda Fowler, Debtors, United States of America v. Chelcey R. Fowler Lynda FowlerCourt of Appeals for the Ninth Circuit · 2005
  3. Polysat, Inc. v. Union Tank Car Co. (In Re Polysat, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  4. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  5. National City Bank v. Troutman Enterprises, Inc. (In Re Troutman Enterprises, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2000

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