Lubeck v. Littlefield's Restaurant Corp. (In Re Fauchier)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
This appeal raises the question of whether a debt is duly listed for the purposes of Section 523(a)(3) of the Bankruptcy Code (“Code”). The creditors’ address was incorrectly listed, causing the creditors to be deprived of notice of the pendency of the bankruptcy until after the bar date to determine dischargeability had passed. Finding that the record on appeal is inadequate to determine whether the listing of an incorrect address deprives these creditors of their rights, the Panel REMANDS for additional fact finding.
II
Facts
Arthur and Janice Lubeck brought…
2Cases cited15 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Maria C. Maldonado v. Orlando RamirezCourt of Appeals for the Third Circuit · 1985
- Ford Motor Credit Company v. Robert L. Weaver, John C. Weaver and Sons and Weaver Farms, DefendantsCourt of Appeals for the Sixth Circuit · 1982
- In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
- DeLesk v. Rhodes (In Re Rhodes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
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