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· 7/12/2004

Beal Bank SSB v. Brown (In Re Brown)

Citations

  • 311 B.R. 721
  • 59 Fed. R. Serv. 3d 64
  • 2004 Bankr. LEXIS 922
  • 43 Bankr. Ct. Dec. (CRR) 97
  • 2004 WL 1588131

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if the time of the constructive filing and the time of the formal filing are different, the time of the constructive filing is dispositive in determining when a bankruptcy filing has occurred
  • holding that a complaint is constructively filed when it is first placed in the custody or possession of the clerk, and the time of constructive filing controls if different from formal filing
  • finding that the filing took place when the Debtor first handed the petition to the clerk, not when Debtor subsequently scanned it into the electronic filing system
  • Code § 301 is “singularly unhelpful” in determining the precise timing of a petition

Source: CourtListener parenthetical corpus (CC0).

Judges: Bernard Markovitz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.