In the Matter of Henry Charles Sam & Gloria H. Sam, Debtors. Sidney Louis Grossie v. Henry Charles Sam, 894 F.2d 778 (5th Cir. 1990). · Go Syfert
In the Matter of Henry Charles Sam & Gloria H. Sam, Debtors. Sidney Louis Grossie v. Henry Charles Sam, 894 F.2d 778 (5th Cir. 1990). Cases Citing This Book View Copy Cite
176 citation events (64 in the last 25 years) across 46 distinct courts.
Strongest positive: In Re Medaglia (ca2, 1995-04-14) · Strongest negative: Washington v. Abreu (ganb, 2021-02-01)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Washington v. Abreu
Bankr. N.D. Ga. · 2021 · signal: but see · confidence high
Colo. 1996) (18-days’ notice insufficient); but see Grossie v. Sam (In re Sam), 894 F.2d 778 (5th Cir. 1990) (18 days’ notice sufficient).
discussed Cited "but see" In re Greenberg
Bankr. E.D.N.Y. · 2015 · signal: but cf. · confidence high
In re Dewalt, 961 F.2d 848, 850 (9th Cir.1992) (“[T]he 30-day notice provision of Rule 4007(c) provides a guide to the minimum time within which it is reasonable to expect a creditor to act at penalty of default.”); In re Petty, 491 B.R. 554, 560-61 (8th Cir. BAP 2013) (six-days’ notice of deadline -insufficient); In re Heiney, 194 B.R. 898, 901 (D.Colo.1996) (18-days’ notice insufficient); In re Walker, 149 B.R. 511, 514-15 (Bankr.N.D.Ill.1992) (20-days’ notice insufficient); In re Muse, 289 B.R. 619, 624 (Bankr.W.D.Pa.2003); but cf., Matter of Sam, 894 F.2d 778, 780-82 (5th Cir.199…
discussed Cited "but see" Hathorn v. Petty (In re Petty)
8th Cir. BAP · 2013 · signal: but see · confidence high
Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor is necessary and sufficient to satisfy § 523(a)(3)(B); notice supplied seven days prior to bar date is insufficient); Sophir Co. v. Heiney (In re Heiney), 194 B.R. 898, 902-03 (D.Colo.1996) (notice received eighteen days prior to bar date insufficient); In re Walker, 149 B.R. 511, 515-17 (Bankr.N.D.Ill.1992) (knowledge of bankruptcy acquired by unrepresented creditor twenty days prior to bar date insufficient); cf. Muse v. Muse (In re Muse), 289 B.R. 619, 623-24 (Bankr…
discussed Cited "but see" Michele Hathorn v. Corwin Petty
8th Cir. BAP · 2013 · signal: but see · confidence high
Md. 2000) (notice received twenty-six days prior to bar date sufficient); Marino, 195 B.R. at 895-97 (two months’ notice was adequate); but see also Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir. 1990) (eighteen days’ notice sufficient).
discussed Cited "but see" Bruce S. Smith v. Sandra Sterling-Ahlla
7th Cir. · 2009 · signal: but see · confidence high
Md. 2000) (notice received twenty-six days prior to bar date sufficient); Marino, 195 B.R. at 895 - 97 (two months’ notice was adequate); but see also Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir. 1990) (eighteen days’ notice sufficient).
discussed Cited "but see" Tidwell v. Smith (In Re Smith)
7th Cir. · 2009 · signal: but see · confidence high
Hanover v. Dewalt (In re Dewalt), 961 F.2d 848, 851 (9th Cir.1992) (in most cases, at least thirty days’ notice to creditor is necessary and sufficient to satisfy § 523(a)(3)(B); notice supplied seven days prior to bar date is insufficient); Sophir Co. v. Heiney (In re Heiney), 194 B.R. 898, 902-03 (D.Colo.1996) (notice received eighteen days prior to bar date insufficient); In re Walker, 149 B.R. 511, 515-17 (Bankr.N.D.Ill.1992) (knowledge of bankruptcy acquired by unrepresented creditor twenty days prior to bar date insufficient); cf. Muse v. Muse (In re Muse), 289 B.R. 619, 623-24 (Bankr…
examined Cited "but see" In Re Walker (3×) also: Cited as authority (rule), Cited "see"
Bankr. D.N.H. · 1996 · signal: but see · confidence high
In In re Dewalt, the Ninth Circuit Court of Appeals ruled that because section 523(a)(3) does not define the time for filing of complaints by late-listed creditors, the 30-day provision in Bankruptcy Rule 4007(c) would be interpreted as a “guide to the minimum time within which it is reasonable to expect a creditor to act at penalty of default.” Id. at 851 ; see also In re Shaheen, 174 B.R. 424, 427 (E.D.Va.1994), citing Fed.R.Bankr.P. 4007(c) (“The second sentence of Rule 4007(c) mandates that a creditor receive thirty days notice before the bankruptcy court may foreclose his right to p…
discussed Cited as authority (verbatim quote) In Re Medaglia (2×) also: Cited as authority (rule)
2d Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
city of new york apparently was decided on statutory rather than constitutional grounds.
discussed Cited as authority (verbatim quote) GAC Enterprises, Inc. v. Medaglia (In re Medaglia) (2×) also: Cited as authority (rule)
2d Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
city of new york apparently was decided on statutory rather than constitutional grounds.
discussed Cited as authority (quoted) Chevy Thornton
S.D. Tex. · 2021 · quote attribution · 1 verbatim quote · confidence low
grossie was not listed as a creditor at this time, and neither grossie nor his attorney was sent a copy of the notice.
discussed Cited as authority (rule) Raymond James & Assoc v. Jalbert
5th Cir. · 2024 · confidence medium
In this context, the “notice requirement is satisfied when the creditor has actual knowledge of the case in time to permit [it] to take steps to protect [its] rights.” In re Sam, 894 F.2d 778, 781 (5th Cir. 1990).
discussed Cited as authority (rule) Jalbert v. Raymond James & Associates, Inc.
Bankr. W.D. La. · 2022 · confidence medium
The Defendants concede that under Fifth Circuit law, “[u]nder normal circumstances, actual notice of a bankruptcy burdens a creditor to come forward with his claim.” See Defendants’ Combined Memorandum, p. 10 (ECF #46) (citing Matter of Christopher, 28 F.3d 512, 517 (5th Cir. 1994); Matter of Sam, 894 F.2d 778, 781 (5th Cir. 1990) (“Our construction of the rule and the statutes in Neeley [v. Murchison, 815 F.2d 345 (5th Cir. 1987)] simply recognized that the purpose of the notice requirement is satisfied when the creditor has actual knowledge of the case in time to permit him to take s…
cited Cited as authority (rule) Kevin R. Gaffney
Bankr. C.D. Ill. · 2020 · confidence medium
See GAC Enters., Inc. v. Medaglia (In re Medaglia), 52 F.3d 451 , 456 (2d Cir. 1995); In re Sam, 894 F.2d 778, 781 (5th Cir. 1990).
discussed Cited as authority (rule) Terry W Richey, II
Bankr. N.D. Miss. · 2019 · confidence medium
Dkt. # 36). 7 Id. at 2 . 8 Id. at 4 . 9 Id. 10 Id. at 5 . 11 Aldridge at 7 (citing Grossie v. Sam (In re Sam), 894 F.2d 778, 781-782 (5th Cir. 1990)). 12 Grossie at 781. 13 Fogel v. Zell, 221 F.3d 955, 964 (7th Cir. 2000). “critical stage of the [bankruptcy] proceeding from which the bar date can be computed,” that creditor has actual knowledge of the bankruptcy proceeding,14 and a “cautious creditor” will act to protect his interest.15 The record here reflects that Mr. Word attended the initial creditor’s meeting on January 3 (Dkt. # 15).
cited Cited as authority (rule) Harriman v. Vactronix Scientific, Inc.
W.D. Tex. · 2017 · confidence medium
Matter of Sam, 894 F.2d 778, 781-82 (5th Cir. 1990).
discussed Cited as authority (rule) In re Hardej
Bankr. N.D. Ill. · 2017 · confidence medium
See Smith, 582 F.3d at 780 (gathering cases); Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir. 1990) (finding that notice received eighteen days prior to the deadline was sufficient); Herman v. Bateman (In re Bateman), 254 B.R. 866, 874-75 (Bankr.
discussed Cited as authority (rule) Light v. Whittington (In re Whittington)
Bankr. W.D. Tex. · 2014 · confidence medium
As the Fifth Circuit has explained, a purpose of the strict time limits of Bankruptcy Rules 4004 and 4007 is “to promote the expeditious and efficient administration of bankruptcy cases by assuring participants in bankruptcy proceedings ‘that, within the set period of 60 days, they can know which debts, are subject to an exception to discharge.’ ” Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (5th Cir.1990) (quoting Neeley, 815 F.2d at 347-48 ) (emphasis added); see also Dunlap, 217 F.3d at 315 (quoting same language); Eric D.
cited Cited as authority (rule) Salard v. Salard
W.D. La. · 2011 · confidence medium
Grossie v. Sam (In re Sam), 894 F.2d 778, 778-79 (5th Cir.1990).
cited Cited as authority (rule) Gold v. Gold (In Re Gold)
Bankr. N.D. Tex. · 2007 · confidence medium
Grossie v. Sam (In re Sam), 894 F.2d 778, 778-79 (5th Cir.1990).
discussed Cited as authority (rule) Dalembert v. Pendergrass (In Re Pendergrass)
Bankr. E.D. Pa. · 2007 · confidence medium
See also In re Meyer, 120 F.3d 66 , 68-69 (7th Cir.1997) (purpose of Rule 4007(c) is to encourage creditors “to file their complaints speedily or lose them forever”); McCuskey v. Central Trailer Serv., Ltd., 37 F.3d 1329 , 1333 (8th Cir.1994) (noting the basic purpose of Rule 4007(c) is to enhance the efficient administration of the estate); Grossie v. Sam, 894 F.2d 778, 781 (5th Cir.1990) (pri *478 mary purpose of Rule 4007(c) is to administer the estate in an efficient and expeditious manner); Jones v. Hill, 811 F.2d 484, 486-87 (9th Cir.1987) (Rule 4007(c) “avoids delay by requiring a…
cited Cited as authority (rule) In Re Sieger
Bankr. N.D. Ohio · 2007 · confidence medium
Grossie v. Sam (Matter of Sam), 894 F.2d 778, 781 (5th Cir.1990).
discussed Cited as authority (rule) Rey v. Laureda (In Re Rey)
Bankr. E.D.N.Y. · 2005 · confidence medium
In GAC Enterprises v. Medaglia (In re Medaglia), the Second Circuit Court of Appeals held a creditor’s due process rights were not violated by § 523(a)(3)(B), which states a creditor with notice or actual knowledge of a case may not claim an exception to a debtor’s discharge. 52 F.3d 451 , 455 (2d Cir.1995) (“The argument that the ‘actual knowledge’ proviso of § 523(a)(3)(B) offends due process has been specifically rejected by at least four courts of appeals: Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir.1990); In re Green, 876 F.2d 854, 856 (10th Cir.1989); In re Pric…
discussed Cited as authority (rule) In Re Weinberg
E.D. Pa. · 2005 · confidence medium
See, e.g., In re Meyer, 120 F.3d 66 , 68-69 (7th Cir.1997) (purpose of Rule 4007(c) is to encourage creditors “to file their complaints speedily or lose them forever”); McCuskey v. Central Trailer Serv., Ltd,., 37 F.3d 1329 , 1333 (8th Cir.1994) (noting that basis purpose of Rule 4007(c) 60-day rule is to enhance the efficient administration of the estate); Grossie v. Sam, 894 F.2d 778, 781 (5th Cir.1990) (primary purpose of Rule 4007(c) is to administer the estate in an efficient and expeditious manner); Jones v. Hill, 811 F.2d 484, 486-87 (9th Cir.1987) (Rule 4007(c) “avoids delay by r…
discussed Cited as authority (rule) In re Profco, Inc.
Bankr. S.D. Tex. · 2005 · confidence medium
Co., 952 F.2d 901, 908 (5th Cir.1992) (“When the holder of a large, unsecured claim receives any notice that its debtor has initiated bankruptcy proceedings, it is under constructive or inquiry notice that its claim may be affected, and it ignores the proceedings to which the notice refers at its peril.”) (internal citations omitted); Grossie v. Sam, 894 F.2d 778, 779-82 (5th Cir.1990) (holding that a creditor was bound by the terms of the debtor’s reorganization plan where the creditor had general notice of the debtor’s bankruptcy but did not receive notice of the claims bar date); In…
discussed Cited as authority (rule) In Re Greater Southeast Community Hospital Corp. I
D.D.C. · 2005 · confidence medium
See GAC Enterprises v. Medaglia (In re Medaglia), 52 F.3d 451 , 455 (2d Cir.1995); Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir.1990); Yukon Self Storage Fund v. Green (In re Green), 876 F.2d 854, 856 (10th Cir.1989); Lompa v. Price (In re Price), 871 F.2d 97, 99 (9th Cir.1989); Byrd v. Alton (In re Alton), 837 F.2d 457, 460 (11th Cir.1988). 6 .
examined Cited as authority (rule) Christopher v. Kendavis Holding Co. (In Re Kendavis Holding Co.) (6×) also: Cited "see"
5th Cir. · 2001 · confidence medium
See Sequa Corp. v. Christopher (In re Christopher), 28 F.3d 512, 516 (5th Cir.1994); Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (1990).
examined Cited as authority (rule) Herman v. Bateman (In Re Bateman) (4×) also: Cited "see"
Bankr. D. Md. · 2000 · confidence medium
See, e.g., GAC Enterprises, Inc. v. Medaglia, (In re Medaglia), 52 F.3d 451, 457 (2d Cir.1995); Grossie v. Sam (In re Sam), 894 F.2d 778, 781-82 (5th Cir.1990); Yukon Self Storage Fund v. Green (In re Green), 876 F.2d 854, 857 (10th Cir.1989).
discussed Cited as authority (rule) Fogel, Richard M. v. Zell, Samuel
7th Cir. · 2000 · signal: cf. · confidence medium
The general rule, moreover, is that the only knowledge required is knowledge of a critical stage of the proceeding from which the bar date can be computed, see, e.g., In re Maya Construction Co., 78 F.3d 1395, 1399 (9th Cir. 1996); In re Medaglia, 52 F.3d 451 , 455 (2d Cir. 1995); cf. In re Sam, 894 F.2d 778, 781 (5th Cir. 1990), not of the bar date itself.
discussed Cited as authority (rule) Richard M. Fogel, as Trustee for the Estate of Madison Management Group, Inc. v. Samuel Zell, Appeal of City and County of Denver
7th Cir. · 2000 · signal: cf. · confidence medium
The general rule, moreover, is that the only knowledge required is knowledge of a critical stage of the proceeding from which the bar date can be computed, see, e.g., In re Maya Construction Co., 78 F.3d 1395, 1399 (9th Cir.1996); In re Medaglia, 52 F.3d 451, 455 (2d Cir.1995); cf. In re Sam, 894 F.2d 778, 781 (5th Cir.1990), not of the bar date itself.
discussed Cited as authority (rule) Finova Capital Corp. v. Li (In re Li)
Bankr. E.D. Pa. · 1999 · confidence medium
See In re Dewalt, 961 F.2d 848, 850-51 (9th Cir.1992) (actual notice seven (7) days before the bar date is nevertheless held inadequate); In re Sam 894 F.2d 778, 781 (5th Cir.1990); In re Green, 876 F.2d 854 (10th Cir.1989); In re Alton, 837 F.2d 457 (11th Cir.1988); In re Shaheen, 174 B.R. 424, 427 (E.D.Va.1994) (less than 30 days’ notice insufficient); In re Ginsburg, 238 B.R. 358, 361-62 (Bankr.N.D.Ohio 1999); and In re Goldstein, 123 B.R. 514, 518 (Bankr.
cited Cited as authority (rule) Fort Knox Federal Credit Union v. Brown (In Re Brown)
Bankr. W.D. Ky. · 1998 · confidence medium
In re Alton, 837 F.2d 457, 460 (11th Cir.1988); Matter of Sam, 894 F.2d 778, 781 (5th Cir.1990); In re Walker, 927 F.2d 1138, 1144-45 (10th Cir.1991).
discussed Cited as authority (rule) Otto v. Texas Tamale Co. (In Re Texas Tamale Co.) (2×) also: Cited "see, e.g."
Bankr. S.D. Tex. · 1998 · confidence medium
The Circuit initially noted that the City of New York ease was decided upon “statutory rather than constitutional grounds.” Id. at 781.
discussed Cited as authority (rule) Clark v. America's Favorite Chicken Co.
E.D. La. · 1995 · confidence medium
In an earlier case, the Fifth Circuit summarized the requirement of due process in the context of notice in a bankruptcy ease as follows: [A]ll constitutional due process requires ... is that [the creditor] have “notice reasonably calculated, under all the circumstances, to apprise [him] of the pendency of the action and afford [him] an opportunity to present [his] objections.” Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (5th Cir.1990) (editing in internal quotation in original), quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 , 70 S.Ct. 652, 657 , 94 L.Ed. 865 (19…
discussed Cited as authority (rule) In the Matter of Charles Simpson Christopher, Debtor. Sequa Corporation v. Charles Simpson Christopher (2×)
5th Cir. · 1994 · confidence medium
The Court applied Mullane in the bankruptcy context in Bank of Marin v. England, 385 U.S. 99 , 87 S.Ct. 274 , 17 L.Ed.2d 197 (1966), and we recently did so in the case of Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (5th Cir.1990).
discussed Cited as authority (rule) In Re Bingham
Bankr. N.D. Tex. · 1994 · confidence medium
If the debts are listed in sub-sections (2), (4) or (6) of Section 523, the Bankruptcy Court has exclusive jurisdiction to decide the issue of dischargeability. 11 U.S.C. § 523 (c) (1993); Grossie v. Sam (In re Sam), 894 F.2d 778, 780 (5th Cir.1990).
examined Cited as authority (rule) In Re Schepps Food Stores, Inc. (3×) also: Cited "see"
Bankr. S.D. Tex. · 1993 · confidence medium
Moreover, Sil-vas had constructive knowledge of the pending bankruptcy once his attorney received the Suggestion of Bankruptcy. 1 See Grossie v. Sam (In re Sam), 894 F.2d 778, 779-81 (5th Cir.1990) (finding that the creditor had notice of the bankruptcy when his attorney received notice of the automatic stay).
discussed Cited as authority (rule) Bishop v. Shrum
D. Kan. · 1992 · confidence medium
In re Sam, 894 F.2d 778, 781 (5th Cir.1990); Neeley v. Murchison, 815 F.2d 345 (5th Cir.1987); In re Price, 871 F.2d 97, 99 (9th Cir.1989); In re Alton, 837 F.2d 457 (11th Cir.1988); In re Piercy, 140 B.R. 108, 111 (Bkrtcy.D.Md.1992); In re Diberto, 136 B.R. 24, 26 (Bkrtcy.D.N.H. *621 1992); In re Piesner, 130 B.R. 399, 402 (Bkrtcy.E.D.N.Y.1991); In re Duncan, 125 B.R. 247, 252 (Bkrtcy.W.D.Mo.1991); Contra In re Rogowski, 115 B.R. 409, 414 (Bkrtcy.D.Conn.1990); In re Schwartz & Meyers, 64 B.R. 948, 953 (Bkrtcy.S.D.N.Y. 1986).
discussed Cited as authority (rule) Peoples Savings & Loan Co. v. Legge (In Re Legge) (2×)
Bankr. S.D. Ohio · 1991 · confidence medium
Actual notice of the bankruptcy filing is clearly sufficient. 1 Matter of Sam, 894 F.2d 778, 781 (5th Cir.1990) and In re Green, 876 F.2d 854, 856-57 (10th Cir.1989) (Both cases analyzing the application of the similar 60-day period imposed by Bankruptcy Rule 4007(c)).
cited Cited as authority (rule) Haga v. National Union Fire Insurance (In Re Haga)
Bankr. W.D. Tex. · 1991 · confidence medium
Matter of Sam, 894 F.2d 778, 780 (5th Cir.1990).
discussed Cited as authority (rule) In Re Piesner
Bankr. E.D.N.Y. · 1991 · confidence medium
Neeley v. Murchison, 815 F.2d 345 (5th Cir.1987); In re Compton, 891 F.2d 1180 (5th Cir.1990); In re Sam, 894 F.2d 778, 781 (5th Cir.1990) (“Technical compliance with Rule 4007(c)’s requirement that the creditor receive 30 days notice of the bar date frustrates the expeditious and efficient administration of cases in the bankruptcy court and is unnecessary to provide adequate notice.”); In re Price, 871 F.2d 97, 99 (9th Cir.1989) (Actual notice to counsel of the proceedings “in time to file a complaint, or at least to file a timely motion for an extension of time”, is sufficient.); I…
discussed Cited as authority (rule) National Union Fire Insurance Co. of Pittsburgh v. Rockmacher (In Re Rockmacher) (2×) also: Cited "see"
S.D.N.Y. · 1991 · confidence medium
While the bankruptcy rules certainly are meant to give creditors notice of relevant dates, they also “promote the expeditious and efficient administration of bankruptcy cases by assuring participants in bankruptcy proceedings ‘that, within the set period of 60 days, they can know which debts are subject to an exception to discharge.’ ” In re Sam, 894 F.2d 778, 781 (5th Cir.1990) (quoting Neeley v. Murchison, 815 F.2d 345, 347-48 (5th Cir.1987)).
discussed Cited as authority (rule) Oak Hollow South Associates v. Cortes (In Re Cortes)
E.D. Pa. · 1991 · confidence medium
It is noted that this case does not involve a creditor who filed a complaint after the expiration of the erroneous bar date, see, e.g., In re Hill, 811 F.2d 484 (9th Cir.1987), a creditor who had actual notice of the bankruptcy but not of the bar date and did not take reasonable steps to ascertain the bar date, see, e.g., In re Sam, 894 F.2d 778, 781 (5th Cir.1990); In re Compton, 891 F.2d 1180 , 1184-85 (5th Cir.1990); In re Rhodes, 61 B.R. 626, 630 (9th Cir.BAP 1986), a creditor who failed to act diligently, In re Tosenberger, 67 B.R. 256, 258-59 (Bankr.N.D.Oh.1986) (reliance on absence of b…
cited Cited "see" In re: Zachry Holdings, Inc., et al.
Bankr. S.D. Tex. · 2025 · signal: see · confidence high
See id.
discussed Cited "see" Crossland v. Huntington Ingalls Incorporated (2×)
E.D. La. · 2022 · signal: see · confidence high
See In re Sam, 894 F.2d 778, 781-82 (5th Cir. 1990) (holding that plaintiff’s attorney’s receipt of the notice of automatic stay in plaintiff’s case against debtor eighteen days before the bar date was sufficient notice that plaintiff’s claim “was affected by [the] bankruptcy,” and provided him with sufficient time “to inquire as to the bar date and file his complaint or a motion to extend the bar date”); In re TEMSCO NC Inc., 537 B.R. 108, 124 (D.P.R. 2015) (“[T]he court finds that the [creditors] received reasonable notice of [debtor’s] bankruptcy filing . . . and the dea…
cited Cited "see" Donald Dinn v. Nueces County
5th Cir. · 2016 · signal: see · confidence high
See In re Sam, 894 F.2d 778, 782 (5th Cir. 1990) (bankruptcy proceeding).
discussed Cited "see" Michael Jay Goldstein v. Richard Allen Diamond
8th Cir. BAP · 2015 · signal: see · confidence high
See Grossie v. Sam, 894 F.2d 778 (5th Cir. 1990) (eighteen days’ notice sufficient); but see Manufacturers Hanover v. Dewalt (In re Dewalt), 961 F.2d 848 (9th Cir. 1992) (at least thirty days’ notice, in most cases, required).
discussed Cited "see" Goldstein v. Diamond (In re Diamond)
8th Cir. BAP · 2015 · signal: see · confidence high
See Grossie v. Sam, 894 F.2d 778 (5th Cir.1990) (eighteen days’ notice sufficient); but see Manufacturers Hanover v. Dewalt (In re Dewalt), 961 F.2d 848 (9th Cir.1992) (at least thirty days’ notice, in most cases, required).
discussed Cited "see" United States ex rel. Minge v. Hawker Beechcraft Corp. (In re Hawker Beechcraft Inc.)
Bankr. S.D.N.Y. · 2013 · signal: accord · confidence high
Id.; accord Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (5th Cir.1990) (“[T]he purpose of the notice requirement is satisfied when the creditor has actual knowledge of the case in time to permit him to take steps to protect his rights.
cited Cited "see" United States v. Stevenson
5th Cir. · 2003 · signal: see · confidence high
See In re Sam, 894 F.2d 778, 782 (5th Cir. 1990); cf. United States v. Robinson, 78 F.3d 172, 174-75 (5th Cir. 1996).
discussed Cited "see" First Deposit National Bank v. Glover (In Re Glover)
Bankr. S.D. Ohio · 1997 · signal: see · confidence high
See Grossie v. Sam (In re Sam), 894 F.2d 778, 781 (5th Cir.1990); Neeley v. Murchison, 815 F.2d 345, 347 (5th Cir.1987); Lompa v. Price (In re Price), 871 F.2d 97, 99 (9th Cir.1989); Byrd v. Alton (In re Alton), 837 F.2d 457, 459 (11th Cir.1988); Norwest Financial v. Curtis (In re Curtis), 148 B.R. 465, 467 (Bankr.N.D.Tex.); Lawrence Steel Erection Co. v. Piercy (In re Piercy) 140 B.R. 108, 111 (Bankr.D.Md. 1992); Town of Nottingham v. Diberto (In re Diberto), 136 B.R. 24, 26 (Bankr.D.N.H.1992); In re Piesner, 130 B.R. 399, 402 (Bankr.E.D.N.Y.1991); In re Duncan, 125 B.R. 247, 252 (Bankr.W.D.M…
Retrieving the full opinion text from the archive…
In the Matter of Henry Charles SAM and Gloria H. Sam, Debtors. Sidney Louis GROSSIE, Appellant,
v.
Henry Charles SAM, Et Al., Appellees
89-4201.
Court of Appeals for the Fifth Circuit.
Feb 22, 1990.
894 F.2d 778
1990 U.S. App. LEXIS 2385
1990 WL 8463
Samuel David Abraham, Joseph A. Koury, Lafayette, La., for appellant., Lawrence R. Anderson, Jr., Anderson, Duncan & Ayo, Rose Polito Wooden, Asst. Atty. Gen., Dept, of Justice, Baton Rouge, La., for appellees., Appeal from the United States District Court for the Western District of Louisiana.
Jolly, Higginbotham.
Cited by 97 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: S.D. Texas (1)
E. GRADY JOLLY, Circuit Judge:

In this appeal, we must decide whether the discharge in bankruptcy, as time-barred, of a constitutional tort claim of a plaintiff, who has knowledge of the pend-ency of the bankruptcy case only eighteen days before the bar date, unconstitutionally deprives the plaintiff of property without due process of law. We hold that the requirements of constitutional procedural due process were satisfied in this case.

I

On June 2, 1987, Henry Charles Sam and Gloria H. Sam filed a joint petition for bankruptcy under Chapter 11 of the Bankruptcy Code. On September 30, 1987, Sidney L. Grossie, the appellant, filed a complaint in federal district court, alleging that Mr. Sam, a police officer, violated his constitutional rights by arresting and beating him on September 30, 1986. Sam was served with the complaint on October 9, 1987.

On October 13, 1987, the bankruptcy court converted the Sams’ case from Chapter 11 to Chapter 7. On October 16, 1987, the bankruptcy court issued a new notice of bankruptcy, which advised the creditors of the conversion, announced a meeting of the creditors on November 12, 1987, and notified them that January 11, 1988, was the deadline for filing claims. Grossie was not listed as a creditor at this time, and[*779] neither Grossie nor his attorney was sent a copy of the notice.

On December 22, 1987, the Sams’ attorney sent Grossie’s attorney a Notice of Automatic Stay, which identified the bankruptcy court, the names of the debtors, the case number, and the debtor’s bankruptcy attorney. It did not, however, indicate the bar date. Grossie’s attorney received the notice on December 23, 1987.

On January 7, 1988, the Sams filed an amended schedule dated December 16, 1987, listing Grossie as a creditor. The amended schedule filed with the court was accompanied by a December 16,1987 certificate that service was made upon all creditors named or affected by the amendment, but Grossie and his attorney did not receive the amendment.

On February 3, 1988, Grossie’s attorney first became aware of the January 11, 1988 bar date. On February 3, 1988, he received a pleading in the federal court case with the section 341 notice to creditors attached. January 11,1988 was specified in the notice as the last date for filing objections to discharge.

On February 10, 1988, Grossie filed a motion objecting to the discharge of his claim. The motion did not include an adversary proceeding cover sheet and filing fee, and the Clerk’s office returned the motion with a deficiency notice. Grossie’s attorney corrected the deficiency and filed the adversary complaint with the proper fee on February 17, 1988.

II

The bankruptcy court found that the Sams had not deliberately concealed from Grossie information concerning the bankruptcy proceedings. 94 B.R. 893. Furthermore, the court found that Grossie had actual knowledge of these proceedings eighteen days prior to the bar date (January 11, 1988) by virtue of the Notice of Automatic Stay he received on December 23, 1987, and that he did not file his claim until February 17, 1988. The court held that because Grossie had not requested an extension for filing the objection, as permitted under section 523(c) as implemented by Bankruptcy Rule 4007(c), his objection was time-barred under section 523(a)(3)(B), pursuant to Neeley v. Murchison, 815 F.2d 345 (5th Cir.1987). The court further held that due process requirements had been satisfied because Grossie’s attorney had actual knowledge of the proceedings eighteen days prior to the bar date.

Ill

Grossie contends that the discharge of his claim through the operation of 11 U.S.C. §§ 523(a)(3)(B) [1] and 523(c), [2] as implemented in Bankruptcy Rule 4007(c), and as interpreted by this court in Neeley v. Murchison, deprived him of his property without due process of law. Grossie advances two arguments to support denial of due process: (1) this statutory, construction deprives known creditors of their statutorily required thirty-day notice under Bankruptcy Rule 4007(c) in violation of due process rights as recognized in City of New York v. New York, N.H. & H.R. Co., 344 U.S. 293, 73 S.Ct. 299, 97 L.Ed. 333 (1953); and (2) actual knowledge of the bankruptcy proceedings in time to file a timely request[*780] for a determination of dischargeability under section 523(a)(3)(B) is a constitutionally infirm substitute for the thirty-day notice requirement of Rule 4007(c).

IV

Grossie’s claim against Sam under 42 U.S.C. § 1983 is a claim “for willful and malicious injury by the debtor to another entity” under 11 U.S.C. § 523(a)(6). Section 523(a)(3)(B), which applies to debts of the kind specified in section 523(a)(6), provides that a debtor is not discharged from a debt that was “neither listed nor scheduled ... in time to permit ... [a] timely request for a determination of dischargeability of such debt ..., unless such creditor had notice or actual knowledge of the case in time for such timely ... request.” (Emphasis supplied.)

Section 523(c) states that, except as provided in section 523(a)(3)(B), “the debtor shall be discharged from a debt specified in [section 523(a)(6) ] ... unless, on request of the creditor to whom such debt is owed, and after notice and a hearing, the court determines such debt to be excepted from discharge....”

Bankruptcy Rule 4007(c), which implements section 523(c), states:

A complaint to determine the dis-chargeability of any debt pursuant to § 523(c) of the Code shall be filed not later than 60 days following the first date set for the meeting of creditors held pursuant to § 341(a). The court shall give all creditors not less than 30 days notice of the time so fixed in the manner provided in Rule 2002. On motion of any party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be made before the time has expired.

In Neeley v. Murchison this court considered the interplay of sections 523(a)(3)(B), 523(c), and Bankruptcy Rule 4007(c). In Neeley, before bankruptcy, Neeley, the creditor, obtained a judgment against Murchison, the debtor, for fraud. Afterwards, Chapter 11 bankruptcy proceedings were initiated against Murchison. Neeley received notice from the bankruptcy clerk of the date for the initial creditors’ meeting,' but the space for the deadline to file objections to dischargeability was left blank. Before the meeting, Neeley himself obtained a modification of the stay from the bankruptcy court. Neeley’s attorney attended the creditors’ meeting. Neeley’s attorney was later informed by employees in the bankruptcy court clerk’s office that no dischargeability deadline had been set. Although no precise date had been set, this advice ignored Rule 4007 that provides that the bar date shall be no later than sixty days after the first meeting of creditors. Neeley filed objections to discharge ten days after the sixty-day limitation period had run. The bankruptcy and district courts dismissed Neeley’s claim as time-barred.

A panel of this court affirmed. The panel noted that Bankruptcy Rule 4007(c) requires that creditors receive thirty days notice of the deadline for filing objections to discharge. The panel concluded, however, that section 523(c), which Rule 4007(c) only implements,

places a heavy burden on the creditor to protect his rights: a debt of the type presented here is automatically discharged unless the creditor requests a determination of dischargeability. The one narrow exception to this rule incorporates a duty-to-inquire approach to notice issues. Under § 523(a)(3)(B), a debt is not automatically discharged if the debt- or fails to schedule the creditor and the creditor had no notice or actual knowledge of the case in time to file a claim and a request for determination of dis-chargeability. Thus, in cases such as this one, it would be inconsistent with the scheme of § 523 to require technical compliance with the notice provision of Rule 4007: this would place the creditor who has written notice of the bankruptcy (albeit deficient notice under the Rule) in a better position than the unlisted creditor whose debt is discharged under § 523(c) if he merely learns of the bankruptcy proceeding in time to protect his rights.

[*781] Id. at 347. We do note that there are several differences between the factual situation in Neeley and the factual situation in this case, and that those factual differences might arguably support more favorable treatment for Grossie. Grossie seems to concede, however, that Neeley pretty well precludes his claim to any statutory right to any more specific or lengthy notice than he received. He argues, however, for reasons we have earlier noted, that he has been denied constitutional due- process, a point not addressed by Neeley.

Grossie asserts his constitutional right to actual notice of the bar date on the basis of City of New York v. New York, N.H. & H.R. Co., 344 U.S. 293, 73 S.Ct. 299, 97 L.Ed. 333 (1953). Grossie’s reliance on City of New York, however, is misplaced. In the first place, the case apparently was decided on statutory rather than constitutional grounds. In any event, it does not control the case before us. In City of New York, notice of the bar date was published in a newspaper. Although the city had knowledge of the railroad reorganization proceeding, the Court held that it had no duty to inquire as to the deadline for filing claims: “[e]ven creditors who have knowledge of a reorganization have a right to assume that the statutory ‘reasonable notice’ will be given them before their claims are forever barred.” 344 U.S. at 297, 73 S.Ct. at 301. The reason that the Court held that the creditor was entitled to actual notice of the bar date was because, under the Bankruptcy Act of 1898, the setting of the bar date was left to the discretion of the bankruptcy judge. Thus, the imposition of a duty on the part of creditors to inquire continually into “possible court orders” was too burdensome. Id.

The rationale upon which City of New York was decided simply does not apply in this case today. Under the 1978 Act the bar date is not discretionary with the court. Instead, Bankruptcy Rule 4007(c) requires that nondischargeability complaints must be filed within sixty days from the first date set for a meeting of creditors. When a creditor is aware of the pendency of bankruptcy proceedings, the imposition of a duty on the part of the creditor to make an inquiry to determine the date of the first meeting of creditors, and to consult Bankruptcy Rule 4007(c) and calculate the bar date (sixty days after the date set for the initial creditors’ meeting) is not so burdensome as to outweigh the need for expeditious administration of bankruptcy cases. See In re Price, 79 B.R. 888, 892-93 (9th Cir.B.A.P.'1987).

Obviously, one of the purposes of Bankruptcy Rule 4007(c) and sections 523(a)(3)(B) and 523(c) is to give creditors notice and an opportunity to be heard. Another purpose of the time references in these statutes, however, is to promote the expeditious and efficient administration of bankruptcy cases by assuring participants in bankruptcy proceedings “that, within the set period of 60 days, they can know which debts are subject to an exception to discharge.” See Neeley, 815 F.2d at 347-48. Our construction of the rule and the statutes in Neeley simply recognized that the purpose of the notice requirement is satisfied when the creditor has actual knowledge of the case in time to permit him to take steps to protect his rights. Under such circumstances, technical compliance with Rule 4007(c)’s requirement that the creditor receive thirty days notice of the bar date frustrates the expeditious and efficient administration of eases in the bankruptcy court and is unnecessary to provide adequate notice.

Thus, with respect to Grossie’s constitutional claims, we note once again, that all constitutional due process requires in this case is that he have “notice reasonably calculated, under all the circumstances, to apprise [him] of the pendency of the action and afford [him] an opportunity to present [his] objections.” Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). When Grossie received the Notice of Automatic Stay eighteen days prior to the bar date, he was on notice that his section 1983 claim against Sam was affected by Sam’s bankruptcy, and he had eighteen days to inquire as to the bar date and file his complaint or a motion to extend the bar date. Thus, Grossie had the “actual knowl[*782] edge of the case ” necessary to permit him to take steps to protect his rights. Such notice is all that is required by section 523(a)(3)(B), and because that notice apprised him of the pendency of the action and was timely enough to afford him an opportunity to present his objections, it satisfies constitutional procedural due process requirements. Therefore, technical compliance with the thirty-day notice requirement of Bankruptcy Rule 4007(c) was not necessary in order to comply with constitutional due process.

For the foregoing reasons, the judgment of the district court affirming the judgment of the bankruptcy court is

AFFIRMED.

1

. Section 523(a)(3)(B) provides:

(a) A discharge under section 727, 1141, or 1328(b) of this title does not discharge an individual debtor from any debt—

(3) neither listed nor scheduled under section 521(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit—
(B) if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of discharge-ability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request....
2

. Section 523(c) provides:

(c) Except as provided in subsection (a)(3)(B) of this section, the debtor shall be discharged from a debt specified in paragraph (2), (4), or (6) of subsection (a) of this section, unless, on request of the creditor to whom such debt is owed, and after notice and a hearing, the court determines such debt to be excepted from discharge under paragraph (2), (4), or (6), as the case may be, of subsection (a) of this section.