· 9/1/1995
Greyhound Lines, Inc. v. Rogers (In Re Eagle Bus Mfg., Inc.)
Citations
- 62 F.3d 730
- 1995 U.S. App. LEXIS 24526
- 27 Bankr. Ct. Dec. (CRR) 982
- 1995 WL 490576
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to file proof of claim was due in part to confusion or ambiguity and supported finding of excusable neglect
- stating that whether debtor had a reason to expect the claim was relevant to the prejudice inquiry
- holding that a document duly served by mail creates a rebuttable presumption that it reached its destination in the usual time and actually was received by the person to whom the mail was addressed
- holding that a document duly served by mail creates a rebuttable presumption that it reached its destination in the usual time and actually was received by the person to whom the mail was addressed
- noting that, although it can create a fact issue, “[a] denial of receipt is insufficient to rebut a presumption that proper notice was given”
- stating that whether debtor had a reason to expect the claim was relevant to the prejudice inquiry
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Higginbotham, Parker
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.