Legal Opinion
Lee-Benner Ex Rel. Mills v. Gergely (In Re Gergely)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 31, 1995No. BAP No. CC-94-1111-VJO. Bankruptcy No. LA 92-49989-AA. Adv. No. 93-01432-AAPublishedCited by 3 opinions
1Opinion of the Court
AMENDED OPINION
VOLINN, Bankruptcy Judge:
After the opinion was filed, appellant filed a motion for rehearing. The panel has reviewed and considered all of the additional pleadings from both the appellant and appel-lee. Taking note of these arguments we file this amended opinion in which we have made certain minor changes or deletions and discuss, in Part IV below, the primary contention of appellant relating to amendment of the original complaint. Consequently, we withdraw the opinion filed on June 12, Í995, and file in its stead this amended opinion.
I. Background
On May 23, 1982, the mother of…
2Cases cited15 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
- Lettie D. Evans v. Syracuse City School DistrictCourt of Appeals for the Second Circuit · 1983
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3Cited by3 opinions
- First Omni Bank, N.A. v. Thrall (In Re Thrall)United States Bankruptcy Court, D. Colorado · 1996
- Shannon v. Russell (In Re Russell)United States Bankruptcy Court, S.D. California · 1996
- Gill Distribution Centers, Inc. v. Banks (In Re Banks)United States Bankruptcy Court, C.D. California · 1998