In Re John Frederick Anwiler, Debtor. John Frederick Anwiler v. Gregory S. Patchett and Kathleen Griffin

How courts have described this case

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

• holding that the bankruptcy court has the equitable power to correct its own mistakes, even if that means allowing an untimely filing to proceed
• court had equitable power to correct a mistake caused by court’s erroneous notice of deadline for filing
• “Absent a motion to extend, the [bar] date, once set, does not change.” (citations omitted)
• “As between two innocent parties, if one party must bear a loss, it should be the Debtor because he had notice of the erroneous date and had the greater incentive to correct the notice.”
• creditor could have asked for continuance but debtor could have asked for clarification
• “[A] court no longer has the discretion to set the deadline [for filing a complaint to determine dischargeability], nor can it sua sponte extend the time to file.... Absent a motion to extend, the date, once set, does not change.” [citations omitted]

Source: CourtListener parenthetical corpus (CC0).