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MATTER OF SMITH

No. 93-3310.

21 F.3d 660 (1994)

In the Matter of Martin A. SMITH, Jr. and Linda Brightbill Smith, Debtors. OMNI MANUFACTURING, INC., Appellant, v. Martin A. SMITH, Jr. and Linda Brightball Smith, Appellees.

United States Court of Appeals, Fifth Circuit.

May 27, 1994.

Attorney(s) appearing for the Case

Warren A. Goldstein, New Orleans, LA, for appellant.

Jan Marie Hayden, Robyn J. Spalter, Bronfin & Heller, New Orleans, LA, for appellees.

Before WOOD, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In this Chapter 11 Bankruptcy case, the bankruptcy and district courts refused to hold that nearly $70,000 owed to Omni was nondischargeable because the debt was not properly scheduled in time to permit Omni to file a proof of claim and Omni had no other notice or actual knowledge of the case. See 11 U.S.C. § 523(a)(3). Instead, the courts authorized "for Omni's benefit" an extension of time to file a proof of claim, and...

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