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Bankruptcy | Case Law | Notice Hearing
MITIGATION OF DAMAGES
Huntington Beach Union H.S. Dist. v. Continental Info Systems Corp., 621 F.2d 353, 357 (9th Cir.
1980)
Green v. Smith, 261 Cal.App.2d 392, 67 Cal. Rptr. 796 (Cal.App. 1968)
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NOTICE & HEARING
Ellett v. Stanislaus, 506 F.3d 774 (9th Cir. 2007)
Franchise Tax Board was not bound by debtor’s discharge for lack of proper notice, where
debtor listed the wrong Social Security number on his bankruptcy petition and the wrong number
appeared on his § 341(a) notice.
In re Williams, 185 B.R. 598 ( 9th Cir. B.A.P. 1995)
Presumption of receipt of notice - an attorney’s unequivocal declaration of non-receipt of
notice is not sufficient to overcome the presumption of receipt created by a court clerk’s certificate
of mailing.
In re Ex-Cel Concrete Company, Inc., 178 B.R. 198 (9th Cir. B.A.P. 1995)
Notice to wrong counsel for Citicorp of a sale free and clear does not constitute notice
In re The Two S Corp., 875 F.2d 240 (9th Cir. 1989)
No need to have a hearing where facts are undisputed and hearing would serve no purpose
In re Downtown Investment Club, III, 89 B.R. 59 (9th Cir. B.A.P. 1988)
Failure to give general unsecured creditors notice re modification of plan makes it void
under 9024 and 1127
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