Bankr. L. Rep. P 74,571 in Re Judy L. Dewalt, Debtor. Manufacturers Hanover, Fka Finance One of California, Inc. v. Judy L. Dewalt

The creditor, Manufacturers Hanover (formerly known as Finance One), appeals the Bankruptcy Appellate Panel’s judgment dismissing its dischargeability complaint in debtor Judy Dewait’s Chapter 7 case on the ground that the complaint was filed late. Manufacturers Hanover v. Dewalt (In re Dewalt), 107 B.R. 719 (9th Cir. BAP 1989). We reverse.

FACTS AND PROCEEDINGS BELOW

On July 7, 1986, Dewalt executed and delivered to Finance One of California, Inc. a combined promissory note and security agreement in the amount of $4,065.81 payable monthly. In June 1987, the creditor notified the debtor that it was pursuing collection on the note. The next month, the debtor filed a petition for relief under Chapter 7 but did not list Finance One as a creditor as required by 11 U.S.C. § 521 (1). Finance One, which was now known as Manufacturers Hanover, was listed, however, with an inaccurate address in the debtor’s Notice of Intent. As a result of the inaccuracy, the creditor received no initial notice of the bankruptcy or of the “341” creditor meeting which took place on September 2, 1987. The deadline “bar” date which set the final date a creditor could file a complaint for nondischargeability…