How have courts interpreted the bankruptcy law in the context of a filing deadline in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Kwai Fun Wong v. Beebe, D.C. No. 3:01-cv-00718-JO, No. 10-36136 (9th Cir. 2013):

559 U.S. at 165 (holding that 17 U.S.C. 411(a) "does not speak in jurisdictional terms or refer in any way to the jurisdiction of the district courts" (citation omitted)); Kontrick v. Ryan, 540 U.S. 443, 454 (2004) (holding that "the filing deadline[] prescribed in Bankruptcy Rule[] 4004 . . . do[es] not delineate what cases bankruptcy courts are competent to adjudicate").34 These cases stand for the general proposition identified above: If the statutory text does not mandate dismissal as the consequence for noncompliance, the courts should not read the statute as having jurisdictional consequences (i.e. mandatory dismissal without exception).

Page 71

Other Questions


Is the bankruptcy court's interpretation of the Bankruptcy Code relevant to a debtor in a personal injury case? (federal, United States of America)
Does a client who relies on his attorney for personal injury purposes have an obligation to timely filing in a personal injury case? (MultiRegion, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (MultiRegion, United States of America)
What is the state's position on personal injury law in the context of personal injury cases? (MultiRegion, United States of America)
How have courts interpreted the law in the context of personal injury cases? (MultiRegion, United States of America)
How have courts of equity interpreted "flexibility" in the context of a personal injury case? (MultiRegion, United States of America)
How have courts interpreted the meaning of the bankruptcy code in bankruptcy cases? (MultiRegion, United States of America)
How have the courts interpreted the findings of a federal court in a case brought by a plaintiff in a medical malpractice case? (MultiRegion, United States of America)
In a personal injury case, how do we review a decision of a federal bankruptcy court? (MultiRegion, United States of America)
How have courts interpreted bankruptcy law in the context of bankruptcy law? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.