· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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