· 2/12/1988
In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-Appellee
Citations
- 837 F.2d 457
- 18 Collier Bankr. Cas. 2d 326
- 1988 U.S. App. LEXIS 1720
- 1988 WL 4594
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where a creditor receives actual notice of the bankruptcy proceeding the purposes of notice are satisfied, i.e. notice adequate to apprise him of the pendency of the action and afford him an opportunity to present objections
- rejecting Byrd’s equities argument because “the time specifications set out in the Bankruptcy Code are sufficiently clear to have placed an obligation on creditor Byrd to follow the case and to take the timely action necessary to pursue his claim.”
- notice or actual knowledge proviso \furthers the bankruptcy policy of affording a 'fresh start' to the [individual] debtor\
- a minimal effort to determine the date of the bankruptcy filing would have revealed the deadline for dischargeability complaints
- a minimal effort to determine the date of the bankruptcy filing would have revealed the deadline for dis-chargeability complaints
- notice of the bankruptcy proceeding and of the stay mailed by debtor to the creditor sufficient to establish actual notice
Source: CourtListener parenthetical corpus (CC0).
Judges: Vance, Clark, Edmondson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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