· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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