In Re John Frederick Anwiler, Debtor. John Frederick Anwiler v. Gregory S. Patchett and Kathleen Griffin

Appellant John Anwiler appeals from a Bankruptcy Appellate Panel decision which reversed the dismissal of appellees’ complaint objecting to the discharge of the debtor and the dischargeability of the debt. The primary issue in this case concerns two notices setting conflicting deadlines, sent to the parties by two separate courts. A second issue concerns the Bankruptcy Appellate Panel’s denial of Anwiler’s motion to disqualify one of its members. We affirm the Bankruptcy Appellate Panel on both issues.

I. Factual and Procedural Background.

In January 1988, John Anwiler petitioned for bankruptcy under Chapter 7 in the United States Bankruptcy Court for the Central District of California. Soon after-wards, the clerk of the Central District Bankruptcy Court sent to the parties an Order for Meeting of Creditors (“1st Notice”), over the name of Judge Ashland, a judge appointed to the Central District. The 1st Notice set March 22 as the date for the meeting of creditors and May 23 as the last day to file a complaint to determine the dischargeability of debts and to object to the discharge of the debtor. Gregory Patchett, joined by Kathleen Griffin (“Creditors”), filed a motion to…