IN RE BRYAN

BAP No. CC-00-1333-BKMo. Bankruptcy No. LA 99-53300-TD. Adversary No. LA 00-01420-TD.

261 B.R. 240 (2001)

In re David C. BRYAN, Debtor. Sarah Svob, Appellant, v. David C. Bryan, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 29, 2001.


Attorney(s) appearing for the Case

Vincent V. Frounjian, Law Office of Vincent V. Frounjian, Van Nuys, CA, for appellant.

David A. Greene, Law Offices of David A. Greene, Calabasas, CA, for appellee.

Before: BRANDT, KLEIN, and MONTALI, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

The court dismissed a complaint as untimely on a motion that must be treated as a motion for summary judgment. We hold that substantial evidence rebutted the presumption that the clerk's file stamp accurately recorded when the complaint was filed, which left a genuine issue of material fact that precluded summary judgment.

We REVERSE and REMAND.

FACTS

Creditor Sarah Svob commenced an adversary proceeding...

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