· 11/14/1994
Robert Hawxhurst v. Pettibone Corporation
Citations
- 40 F.3d 175
- 1994 U.S. App. LEXIS 31879
- 26 Bankr. Ct. Dec. (CRR) 339
- 1994 WL 634986
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that Fed. R. Bankr. P. 9024 (incorporating Fed. R. Civ. P. 60) is the standard when considering “cause” to reconsider
- holding that bankruptcy court could modify discharge injunction to permit creditor to proceed nominally against debtor' in subsequent proceedings against debtor’s insurers even though claim had been previously disallowed for failure to timely file proof of claim
- noting with approval the bankruptcy court’s retention of jurisdiction in a confirmation order to hear issues regarding the debtor’s chapter 11 injunction
- “Permitting a suit to obtain a declaration of liability against a debtor is not equivalent to authorizing the recovery of a barred claim in a bankruptcy proceeding”
- “Permitting a suit to obtain a declaration of liability against a debtor is not equivalent to authorizing the recovery of a barred claim in a bankruptcy proceeding.”
- subject matter jurisdiction may be “raised sua sponte by the court at any point in the proceedings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Manion, Grant
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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