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IN RE SMARTT CONST. CO.

Civ. A. No. 91-K-477, Bankruptcy No. 88 B 17916 E.

138 B.R. 269 (1992)

In re SMARTT CONSTRUCTION CO., Debtor. NATIONAL BANK OF CANADA, Appellant, v. James R. CHADDERDON, Chapter 7 Trustee, and the Resolution Trust Corporation, Appellees.

United States District Court, D. Colorado.

March 11, 1992.

Attorney(s) appearing for the Case

L. Louise Romero-Atwood, Bryan R. Clark, Brownstein Hyatt Farber & Strickland, Denver, Colo., for Nat'l. Canada Corp.

Douglas M. Stimple, Braden, Frindt Steinar & Stimple, P.C., Colorado Springs, Colo., for Resolution Trust Corp.

Paul T. Gefreh, Paul T. Gefreh, P.C., Colorado Springs, Colo., James R. Chadderdon, Chapter 7 Trustee.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The National Canada Corporation (NCC) appeals from the bankruptcy court's judgment of March 12, 1991, entered on March 25, 1991. In that judgment, the bankruptcy court permitted the Resolution Trust Corporation (RTC) to file a proof of claim after the bar date, deeming it timely, because the RTC's predecessor-in-interest, Otero Savings, failed to receive notice of the bar date despite adequate mail...

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