Notice Hearing

MITIGATION OF DAMAGES

Huntington Beach Union H.S. Dist. v. Continental Info Systems Corp., 621 F.2d 353, 357 (9th Cir.

1980)

Green v. Smith, 261 Cal.App.2d 392, 67 Cal. Rptr. 796 (Cal.App. 1968)

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NOTICE & HEARING

Ellett v. Stanislaus, 506 F.3d 774 (9th Cir. 2007)

Franchise Tax Board was not bound by debtor’s discharge for lack of proper notice, where

debtor listed the wrong Social Security number on his bankruptcy petition and the wrong number

appeared on his § 341(a) notice.

In re Williams, 185 B.R. 598 ( 9th Cir. B.A.P. 1995)

Presumption of receipt of notice – an attorney’s unequivocal declaration of non-receipt of

notice is not sufficient to overcome the presumption of receipt created by a court clerk’s certificate

of mailing.

In re Ex-Cel Concrete Company, Inc., 178 B.R. 198 (9th Cir. B.A.P. 1995)

Notice to wrong counsel for Citicorp of a sale free and clear does not constitute notice

In re The Two S Corp., 875 F.2d 240 (9th Cir. 1989)

No need to have a hearing where facts are undisputed and hearing would serve no purpose

In re Downtown Investment Club, III, 89 B.R. 59 (9th Cir. B.A.P. 1988)

Failure to give general unsecured creditors notice re modification of plan makes it void

under 9024 and 1127

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