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· 11/21/1996

Wilborn v. Gallagher (In Re Wilborn)

Citations

  • 205 B.R. 202
  • 97 Daily Journal DAR 3473
  • 97 Cal. Daily Op. Serv. 1912
  • 37 Collier Bankr. Cas. 2d 917
  • 1996 Bankr. LEXIS 1760
  • 1996 WL 785489

How courts have described this case

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

  • ruling that order granting reopening is interlocutory but treating notice of appeal as a motion for leave to appeal
  • stating that dischargeability deadline is a statute of limitations, not jurisdictional prerequisite
  • motion to reopen \constituted a preliminary step in the nondischargeability process\
  • The court relied on its § 105 general equitable powers to extend deadline to file nondischarge-ability complaint 5 months after the bar date when notice of the filing was received after the bar date had passed
  • “The order granting the motion to reopen the [bankruptcy] case is interlocutory, because it did not resolve the merits of the nondischargeability complaint, but constituted a preliminary step in the nondischargeability process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ollason, Ashland, Jones

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.