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IN RE MEDAGLIA

No. 867, Docket 94-5041.

52 F.3d 451 (1995)

In re: Aldo MEDAGLIA, Debtor. GAC ENTERPRISES, INC., a New Jersey Corporation and Albee Associates, a New Jersey Limited Partnership, Plaintiffs-Appellants, v. Aldo MEDAGLIA, Defendant-Appellee, United States of America, Intervenor.

United States Court of Appeals, Second Circuit.

Final Brief Submitted April 5, 1995.

Decided April 14, 1995.

Attorney(s) appearing for the Case

Paul D. Feinstein, New York City (Robert P. Herzog, Linda B. Lewinter, on the brief, of counsel), for plaintiffs-appellants.

Matthew G. Roseman, Melville, NY (Roseman, Roseman & Feldman, of counsel), for debtor/defendant-appellee.

E. Roy Hawkens, Appellate Staff, Civil Div., Dept. of Justice, Washington, DC (Zachary W. Carter, U.S. Atty., Frank W. Hunger, Asst. Atty. Gen., William Kanter, Appellate Staff, Civ. Div., Dept. of Justice, of counsel), for U.S. as intervenor.

Before: FEINBERG, VAN GRAAFEILAND and WALKER, Circuit Judges.

FEINBERG, Circuit Judge:

This appeal raises a question of due process in the context of a bankruptcy proceeding. Plaintiffs-appellants are creditors of Aldo Medaglia, an individual who filed for protection under Chapter 7 of the United States Bankruptcy Code (the Code). Although appellants had actual knowledge of Medaglia's bankruptcy, they contend that due process required that they receive formal notice of the deadline for...

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