· 9/16/1993
In Re Tim THEMY, Dba Brinecell Manufacturing Co., Debtor. Tim THEMY, Dba Brinecell Manufacturing Co., Appellant, v. Jason YU, Appellee
Citations
- 6 F.3d 688
- 29 Collier Bankr. Cas. 2d 1323
- 1993 U.S. App. LEXIS 23806
- 1993 WL 350028
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “when the court’s act affirmatively misleads the creditor as to a deadline, the court bears responsibility for correcting its error”
- concluding that “when the court’s act affirmatively misleads the creditor as to a deadline, the court bears responsibility for correcting its error”
- “[W]hen the court’s act affirmatively misleads the creditor as to a deadline, the court bears the responsibility for correcting its error.”
- notice sent by bankruptcy court resetting date for meeting of creditors erroneously re-set fifing deadline
- “Together, [Rules 4004(a) and (b), 4007(c), and 9006(b)(3)] prohibit a court from sua sponte extending the time in which to file dischargeability complaints.”
- court may use its inherent equitable power to correct its own mistakes and permit late filing of discharge-ability complaint where court affirmatively misleads the creditor as to a deadline
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldock, Kelly, Cauthron
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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