MATTER OF McGUIRT

No. 88-6197.

879 F.2d 182 (1989)

In the Matter of Don Edward McGUIRT, Debtor. Charles B. COVERT, Appellant, v. Don Edward McGUIRT, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 20, 1989.


Attorney(s) appearing for the Case

David Speed Elder, and Robert Scott, Sewell & Riggs, Houston, Tex., for appellant.

Christian M. Sternat and Otis Bakke, Houston, Tex., for appellee.

Before CLARK, Chief Judge, and JOHNSON and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Today we are asked to remedy the seemingly harsh consequences of a bankruptcy filing deadline by acknowledging a notice-based exception to a bankruptcy rule. Concluding that no exception can be justified on these facts, we affirm.

I.

In 1983 Charles B. Covert sued Don Edward McGuirt in Texas state court, alleging several counts of fraud, misrepresentation, and mismanagement on the part of McGuirt with respect to a real...

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