Reliable Electric Co., Inc. v. Olson Construction Company

How courts have described this case

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

• rejecting debtor’s argument that “the only remedy available to [known creditor] Olson is to file a late claim under the confirmed Plan” and holding that “Olson’s claim cannot be bound to the Plan and, thus, it is not dischargeable”
• due process requires adequate notice to a creditor before its rights can be adversely affected
• “[T]he discharge of a claim without reasonable notice of the confirmation hearing is violative of the fifth amendment to the United States Constitution.”
• creditor with actual knowledge of bankruptcy case did not receive adequate notice of confirmation hearing; consequently, confirmed plan was not binding on creditor
• “the discharge of a claim without reasonable notice . . . is violative of the fifth amendment”
• “A fundamental right guaranteed by the Constitution is the opportunity to be heard when a property interest is at stake . . .[w]e will not require [the creditor] to subject its claim to a confirmed reorganization plan that it had no opportunity to dispute.”

Source: CourtListener parenthetical corpus (CC0).