· 12/18/1992
Dependable Insurance Co. v. Horton (In Re Horton)
Citations
- 149 B.R. 49
- 1992 Bankr. LEXIS 2030
- 23 Bankr. Ct. Dec. (CRR) 1350
- 1992 WL 387829
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “affidavits of [creditor’s] employees stand merely as general denials that [creditor] received the [n]otice and are therefore insufficient to rebut the presumption of receipt”
- stating that the debtor may invoke the presumption of receipt after proper mailing based on a certificate stating that a notice . was mailed to every creditor on a list, including the creditor in question
- “There is no affirmative duty on the part of a debtor or his counsel to ascertain whether a creditor is represented by an attorney for purposes of assuring proper notice to creditors.”
- general denial that creditor received notice is insufficient to rebut presumption
- general denials of receipt insufficient
Source: CourtListener parenthetical corpus (CC0).
Judges: Howard Schwartzberg
Read full opinion on CourtListenerSourced 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.