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United States First Circuit


In re: Arch Wireless, Inc., 07-1611

In proceedings arising after a bankruptcy discharge, in which a creditor argued that it did not receive proper notice of Chapter 11 bankruptcy proceedings, denial of corporate debtor's motion to hold creditor in contempt for pursuing its claims is affirmed where: 1) appellee was a "known creditor"; and 2) a known creditor's general awareness of a pending Chapter 11 reorganization proceeding is insufficient to satisfy the requirements of due process and render a discharge injunction applicable to the creditor's claims.

Appellate Information

  • Decided 07/23/2008
  • Published 07/23/2008

Judges

  • LIPEZ, Circuit Judge., Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and GIBSON, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • T. Christopher Donnelly, with whom Adam B. Ziegler and Donnelly, Conroy & Gelhaar, LLP were on brief, for appellants.

  • For Appellees:
  • Lawrence P. Murray, with whom John F. Drew, Victor Bass, and Burns & Levinson LLP were on brief, for appellee.
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