IN RE J.A. JONES, INC.

No. 06-1834.

492 F.3d 242 (2007)

In re J.A. JONES, INCORPORATED, Debtor. Zurich American Insurance Company, Creditor-Appellant, v. Laura Tessler, Administrator for the Estate of Laura Dunnagan, Creditor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 26, 2007.


Attorney(s) appearing for the Case

ARGUED: Albert G. Bixler, Eckert, Seamans, Cherin & Mellott, L.L.C., Philadelphia, Pennsylvania, for Appellant. J. Dennis Bailey, Carruthers & Bailey, P.A., Winston-Salem, North Carolina, for Appellee. ON BRIEF: Karen Lee Turner, Eckert, Seamans, Cherin & Mellott, L.L.C., Philadelphia, Pennsylvania; A. Cotten Wright, Grier, Furr & Crisp, P.A., Charlotte, North Carolina, for Appellant. Joseph T. Carruthers, Carruthers & Bailey, P.A., Winston-Salem, North Carolina, for Appellee.

Before WILKINSON and KING, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Senior Judge ELLIS wrote the opinion, in which Judge KING joined. Judge WILKINSON wrote a concurring opinion.

OPINION

ELLIS, Senior District Judge.

This bankruptcy appeal presents the question whether a wrongful death claimant who had not yet filed suit, but whose identity as a potential claimant was known to the debtor, was a "known creditor" of the debtor, and thus entitled to specific notice of the bankruptcy proceeding...

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