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IN RE LENARD

Civ. A. No. 91-K-770, Bankruptcy No. 89 B 16057 A, Adv. No. 90 J 351.

140 B.R. 550 (1992)

In re Dale LENARD, Debtor. UNITED STATES of America, Plaintiff/Appellee, v. Dale LENARD, Defendant/Appellant.

United States District Court, D. Colorado.

May 26, 1992.

Attorney(s) appearing for the Case

David A. Levitt, Dept. of Justice, Office of Consumer Litigation, Washington, D.C., for U.S.

F. Kelly Smith, Wheat Ridge, Colo., for Lenard.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The issue in this bankruptcy appeal is whether the bankruptcy court erred in granting the government's summary judgment motion because the debtor, Dale Lenard, failed to file a timely response to the motion. Lenard contends that he did not file a formal response because his counsel misinterpreted a new notice of hearing form issued by the bankruptcy clerk. In addition, he argues that the court erred...

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