United States Seventh Circuit

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KMART v. SIMMONS, 03-4084

Plaintiff's personal injury claim against defendant is dismissed as untimely where, even though plaintiff did not know of a prior order establishing a deadline for filing proofs of claim, her counsel knew of the bar date, and his actual knowledge is chargeable to plaintiff.

Appellate Information

  • Argued 04/09/2004
  • Decided 08/27/2004
  • Published 08/27/2004


  • KANNE, Circuit Judge., Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Barbara L. Yong, Karen G. Kranbuehl (argued), Field & Golan, Chicago, IL, for Appellant.

  • For Appellees:
  • Robert E. Shapiro (argued), Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, Andrew N. Goldman, Wilmer, Cutler & Pickering, New York, NY, for Debtor-Appellee.
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