NEELEY v. MURCHISON

No. 86-1582.

815 F.2d 345 (1987)

Stanley L. NEELEY, Plaintiff-Appellant, v. Clinton W. MURCHISON, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 1987.


Attorney(s) appearing for the Case

Dennis Olson, Robert M. Nicoud, Jr., Dallas, Tex., for plaintiff-appellant.

Philip I. Palmer, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, GEE, and REAVLEY, Circuit Judges.


GEE, Circuit Judge:

The creditor in this Chapter 11 bankruptcy proceeding failed to file his objection to dischargeability within the time limitation set by Rule 4007(c) of the Bankruptcy Rules of Procedure; likewise, the clerk's office failed to provide notice of the dischargeability bar date as required by the same Rule. We hold that the clerk's failure to provide notice does not suspend the running of the fixed limitation period. Because the creditor had notice...

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