Dulaney v. Coppard, 10878.

Decision Date18 November 1944
Docket NumberNo. 10878.,10878.
Citation145 F.2d 468
PartiesDULANEY v. COPPARD.
CourtU.S. Court of Appeals — Fifth Circuit

Albert Covington Dulaney, of San Antonio, Tex., in pro. per.

Herbert Davis, of San Antonio, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

PER CURIAM.

The order appealed from was well within, and was a proper exercise of, the referee's authority. There is no merit whatever in the bankrupt's contention that the action of the referee in entering the extension order without first giving the bankrupt notice of his intention to enter it deprived the bankrupt of due process. The statute does not make notice to the bankrupt a condition of entering such orders. There is no evidence whatever that the entry of the order, without first notifying the bankrupt, deprived him of any constitutional right. The order appealed from is affirmed.

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6 cases
  • In re Overmyer, Bankruptcy No. 82 B 20329.
    • United States
    • U.S. Bankruptcy Court — Southern District of New York
    • 5 Noviembre 1982
    ...to the debtor's discharge or dischargeability of claims with or without application and with or without notice.1 See Dulaney v. Coppard, 145 F.2d 468 (5 Cir.1944) cert. den. 325 U.S. 861, 65 S.Ct. 1199, 89 L.Ed. 1982 In this case the debtor does not dispute that the bank is a party in inter......
  • American Healthcare Management, Inc., Matter of
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 11 Mayo 1990
    ...affording other parties notice and a hearing. See Texas & N.O.R. Co. v. Phillips, 196 F.2d 692, 694 (5th Cir.1952); Dulaney v. Coppard, 145 F.2d 468, 468 (5th Cir.1944), cert. denied, 325 U.S. 861, 65 S.Ct. 1199, 89 L.Ed. 1982 (1945); see also In re Semel, 427 F.2d 651, 653-54 (3d Cir.1970)......
  • Rameson Brothers v. Goggin, 14930-14932.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 11 Febrero 1957
    ...three separate occasions where quotation was made from the § 21, sub. a, examination at pages 164-7, 203-4 and 209-10. 4 Dulany v. Coppard, 5 Cir., 145 F.2d 468, certiorari denied 325 U.S. 861, 65 S.Ct. 1199, 89 L.Ed. 1982, rehearing denied 325 U.S. 895, 65 S.Ct. 1409, 89 L.Ed. 5 In re Levi......
  • In re Semel
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 21 Abril 1970
    ...should be liberally construed." Collier on Bankruptcy, 14th ed. Vol. 1, Par. 14.06, p. 1279. In the leading case of Dulaney v. Coppard, 145 F.2d 468 (5 Cir. 1944), cert. den. 325 U.S. 861, 65 S.Ct. 1199, 89 L. Ed. 1982 (1945), rehearing den. 325 U. S. 895, 65 S.Ct. 1409, 89 L.Ed. 2006, it w......
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