Legal Opinion
In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston Laurain
Court of Appeals for the Sixth Circuit
Decided May 15, 1997No. 96-5093PublishedCited by 62 opinions
1Opinion of the CourtKennedy, J., joined by Norris, J.,
CONTIE, J. (pp.---), delivered a separate dissenting opinion.
OPINION
KENNEDY, Circuit Judge.
This appeal presents an issue of first impression in this Circuit: Does a bankruptcy court’s failure to rule on a timely filed Fed. R. BankrP. 4003(b) motion for an extension of time to file objections to a claimed exemption of property from the bankrupt estate divest the bankruptcy court of jurisdiction to grant an extension after the Rule’s prescribed thirty-day period expires? The bankruptcy court held that it lost jurisdiction to rule on a timely-filed request for an extension when it failed to rule…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- United States v. AddonizioSupreme Court of the United States · 1979
- Andrew Bartlik v. United States Department of Labor and Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1995
- United States v. Ersel StollingsCourt of Appeals for the Fourth Circuit · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
- Gibson v. Gibson (In Re Gibson)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
- Mitan v. DuvalCourt of Appeals for the Sixth Circuit · 2009
- Douglas Ellmann v. Michael James BakerCourt of Appeals for the Sixth Circuit · 2015
57 more not listed; retrieve them via the Exa API.