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IN RE KUHR

Bankruptcy No. 186-02662-B-7F, Adv. No. 188-0273.

132 B.R. 421 (1991)

In re Gary F. KUHR and Janet Kuhr, Debtors. SOUTHERN PACIFIC LAND COMPANY, a California Corporation, Plaintiff, v. Gary F. KUHR, Defendant.

United States Bankruptcy Court, E.D. California, Fresno Division.

July 19, 1991.

Attorney(s) appearing for the Case

David Ray Jenkins, Lang, Richert & Patch, George E. Harper, Fresno, Cal., for plaintiff, Southern Pacific Land Co.

Edward R. Kandler, Asst. U.S. Trustee, Fresno, Cal., for defendant-debtor.

MEMORANDUM OPINION

BRETT J. DORIAN, Bankruptcy Judge.

ISSUE

Can the claim of a creditor who receives notice of a bankruptcy filing in time to participate in dividends, if any, paid by the trustee, on the basis of what is termed in 11 U.S.C. section 726(a)(2)(C) a "tardily filed claim," on a par with creditors whose claims were filed before the claims bar date, be discharged, in view of 11 U.S.C. section 523(a)(3), even though the creditor did not...

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