Donald E. Murray, Personal Representative of the Estate of Elaine M. Murray, Deceased v. Anthony J. Hite

942 F.2d 792 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald E. MURRAY, Personal Representative of the Estate of Elaine M. Murray, Deceased, Plaintiffs-Appellees, v. Anthony J. HITE, Defendant-Appellant. No. 90-35337. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 2, 1991. Decided Aug. 30, 1991. Before WRIGHT, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 A tragic boating accident killed Elaine Murray. Her father then sued the drivers of the boats for wrongful death. Prompted by the suit and before the trial, defendant Anthony Hite filed for bankruptcy under Chapter 7. During a pretrial telephone conference, Hite's attorney in the wrongful death suit told Murray's attorney about the bankruptcy filing and said that notice of the creditors' meeting would be forthcoming from the bankruptcy court. Relying on this statement, Murray and his attorney never inquired about the creditors' meeting or claim filing deadline. 3 Hite's bankruptcy…