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In re Yoder Co.

758 F.2d 1114 (1985)

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In re Yoder Co.

United States Court of Appeals for the Sixth Circuit

758 F.2d 1114 (1985)

Facts

Yoder Company (Yoder) (plaintiff) filed a bankruptcy petition to seek relief from creditors and certain claims, including a products-liability suit brought by Mark Bratton. The bankruptcy court established a submission deadline for proofs of claim against Yoder. Bratton filed his proof of claim eight months after the deadline. Yoder filed a petition in bankruptcy court, seeking to expunge Bratton’s claim. Bratton claimed that he had not received notice of the filing deadline. Yoder responded that a notice had been mailed to the address of Bratton’s attorney. Bratton’s attorney testified that he did not receive the notice. However, the bankruptcy court found that there was a presumption that a properly addressed mailing was received by Bratton’s attorney. The bankruptcy court relied on this presumption, despite the testimony of Bratton’s attorney, and granted Yoder’s request to expunge Bratton’s claim. The district court affirmed. Bratton appealed.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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