Legal Opinion

Laczko v. Gentran, Inc. (In Re Laczko)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 28, 1984No. BAP No. AZ 82-1352 EAsP, Bankruptcy No. 80-238 PHX RGM, Adv. No. 82-219PublishedCited by 43 opinions

1Opinion of the Court

OPINION

ELLIOTT, Bankruptcy Judge:

Debtors Frank Louis and Louise M. Laczko appeal from an order of the bankruptcy court granting summary judgment in favor of creditor Gentran, Inc.

This proceeding concerns the claim of a creditor, added to the debtors’ schedules after the time for filing claims had expired. The question presented is whether that debt can be discharged in a no-asset case where the omission of the creditor from the original schedules was a result of mistake or inadvertence and not because of any fraud by the debtor.

The Laczkos filed their Chapter 7 case on February 12, 1980. The…

2Cases cited6 opinions

  1. Hughes Alonzo Robinson v. Tommy C. Mann, TrusteeCourt of Appeals for the Fifth Circuit · 1964
  2. Milando v. PerroneCourt of Appeals for the Second Circuit · 1946
  3. In Re IannaconeUnited States Bankruptcy Court, D. Massachusetts · 1982
  4. In the Matter of Terry Stephen Stark and Debra Jean Stark, Debtors Terry Stephen Stark and Debra Jean Stark, v St. Mary's Hospital, Conducted by the Sisters of the Third Order of St. Francis, a Not-For-Profit CorporationCourt of Appeals for the Third Circuit · 1983
  5. Brown v. General Motors Acceptance Corp. (In Re Brown)United States Bankruptcy Court, N.D. Ohio · 1982

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

3Cited by43 opinions

  1. In Re CruzUnited States Bankruptcy Court, S.D. New York · 2000
  2. Costa v. Welch (In Re Costa)United States Bankruptcy Court, E.D. California · 1994
  3. In Re Michael C. Soult, D.M.D., Debtor, Michael C. Soult, D.M.D., Debtor-Appellee v. William C. Maddox, D.D.S., Creditor-AppellantCourt of Appeals for the Sixth Circuit · 1990
  4. Haga v. National Union Fire Insurance (In Re Haga)United States Bankruptcy Court, W.D. Texas · 1991
  5. In Re HunterDistrict Court, District of Columbia · 1990

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

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