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· 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 CourtListener

Sourced 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.