Anwiler v. Patchett

How later courts describe this case

• holding that bankruptcy court can use its equitable power to grant relief where delay in filing is not due to the fault of either party but to conflicting notices sent by two courts
• court allowed untimely filing of complaint when mistake was caused by clerk’s office erroneous notice of deadline for filing
• bankruptcy court could use its equitable powers to permit late filing of dischargeability complaint inasmuch as creditors reasonably relied on bankruptcy court’s conflicting notices with respect to bar date
• where two courts set two different deadlines to file objections to discharge and dischargeability complaints, court has equitable power, under Code § 105(a), to correct own mistake and permit late filing of objection to discharge and nondischarge-ability complaint
• untimeliness only excused where caused by court’s error