United States Second Circuit

In a bankruptcy action, district court's judgment in favor of defendant is reversed and remanded where plaintiff's claim against defendant was not entered without a contest as defendants initially filed an objection to it. Defendant's motion to reconsider is thus subject to the one-year time limit under Rule 9024 of the Federal Rules of Bankruptcy Procedure and is untimely.

Appellate Information

• Decided 03/26/2009
• Published 03/26/2009

Judges

• PER CURIAM:, Before:  WESLEY, HALL, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael L. Schein (Michael G. Davies, on the brief), Vedder Price P.C., New York, NY, for Appellant.


• For Appellees:
  
• Douglas W. Henkin (Diana Paraguacuto-Maheo and Fred Neufeld, on the brief), Milbank, Tweed, Hadley & McCloy, LLP, New York, NY, for Appellee.