Public-domain · open source
OpenJurist

57 B.R. 166

In re Uiterwyk Corp.

U.S. Bankruptcy Court

Decided January 17, 1986

U.S. Bankruptcy Court · decided 1986-01-17

Cited by 6 later decisions — most recently July 1999

Relies on 3 Ariz. App. 469 - Kohlbeck v. Handley · Dudley v. Stiles · 47 N.C. App. 491 - Boyd v. Marsh

Good law ✅— No negative treatment on recordhow we know

Decided 1986-01-17

View the full empirical analysis of this case →

¶1ORDER DENYING AMENDED MOTION FOR RECONSIDERATION

A. JAY CRISTOL, Bankruptcy Judge.

¶2This matter has come before the court upon amended motion for reconsideration, through counsel, by claimant, Charles H. Molho, d/b/a Manhattan Ship Supply.

¶3Counsel states that his failure to attend hearing relating to debtor’s objection to the claim filed by his client to be heard on August 2, 1985 at 10:00 a.m., was due to his own inadvertence and neglect because he became involved in reviewing another client’s case. Carelessness is not synonymous with excusable neglect. Kohlbeck v. Handley, 3 Ariz.App. 469, 415 P.2d 483; Boyd v. Marsh, 47 N.C.App. 491, 267 S.E.2d 394; Motiograph, Inc. v. Matthews, 555 S.W.2d 196, (Tex.Civ.App.1977). Forgetfulness and the press of other more important business is insufficient to establish excusable neglect. Dudley v. Stiles, 142 Mont. 566, 386 P.2d 342; Scott v. Seabreeze Pools, Inc., 300 So.2d 279, (Fla. 4th D.C.A.1974). Therefore, it is

¶4ORDERED that claimant’s motion for rehearing is denied.

/57/br/166 · .json · Public domain