From Casetext: Smarter Legal Research

Matter of Uiterwyk Corporation

United States Bankruptcy Court, M.D. Florida, Tampa Division
Jan 17, 1986
57 B.R. 166 (Bankr. M.D. Fla. 1986)

Opinion

Bankruptcy No. 83-166.

January 17, 1986.

Edward A. Hill, Langford, Mooney McDuffee, P.A., Tampa, Fla., for creditor Charles Molho, etc.

Cindy L. Turner, Stichter and Riedel, P.A., Tampa, Fla., for debtors.


ORDER DENYING AMENDED MOTION FOR RECONSIDERATION


This matter has come before the court upon amended motion for reconsideration, through counsel, by claimant, Charles H. Molho, d/b/a Manhattan Ship Supply.

Counsel states that his failure to attend hearing relating to debtor's objection to the claim filed by his client to be heard on August 2, 1985 at 10:00 a.m., was due to his own inadvertence and neglect because he became involved in reviewing another client's case. Carelessness is not synonymous with excusable neglect. Kohlbeck v. Handley, 3 Ariz. App. 469, 415 P.2d 483; Boyd v. Marsh, 47 N.C. App. 491, 267 S.E.2d 394; Motiograph, Inc. v. Matthews, 555 S.W.2d 196, (Tex.Civ.App. 1977). Forgetfulness and the press of other more important business is insufficient to establish excusable neglect. Dudley v. Stiles, 142 Mont. 566, 386 P.2d 342; Scott v. Seabreeze Pools, Inc., 300 So.2d 279, (Fla. 4th D.C.A. 1974). Therefore, it is

ORDERED that claimant's motion for rehearing is denied.


Summaries of

Matter of Uiterwyk Corporation

United States Bankruptcy Court, M.D. Florida, Tampa Division
Jan 17, 1986
57 B.R. 166 (Bankr. M.D. Fla. 1986)
Case details for

Matter of Uiterwyk Corporation

Case Details

Full title:In the Matter of UITERWYK CORPORATION, et al., Debtors

Court:United States Bankruptcy Court, M.D. Florida, Tampa Division

Date published: Jan 17, 1986

Citations

57 B.R. 166 (Bankr. M.D. Fla. 1986)

Citing Cases

In re West Coast Development Corp. of Naples, Inc.

As I have noted before while sitting as a visiting bankruptcy judge in the Middle District of Florida:…

In re Wells

See e.g., In re Uiterwyk Corp., 57 B.R. 166 (Bankr.M.D.Fla. 1986). This position may also have been reflected…