DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071084P.pdf 02/25/2008 Alvin Baldwin v. Credit Based Asset Servicing
U.S. Court of Appeals Case No: 07-1084
U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Gruender and Benton, Circuit
Judges]
Civil Case - bankruptcy. Bankrupty court erred in dismissing motion,
filed more than 10 days after dismissal, as untimely and not
characterizing it as a Rule 60(b)(4) motion. Facts were insufficient to
determine whether notice satisfied due process and whether error was
harmless. BAP opinion is reversed and case remanded to the bankruptcy
court for further proceedings.