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IN RE NUTTALL EQUIPMENT CO., INC.

Bankruptcy No. 93-12532 K. Adv. No. 94-1190 K.

188 B.R. 732 (1995)

In re the NUTTALL EQUIPMENT CO., INC., Debtor. Mark S. WALLACH, Trustee, Plaintiff, v. FRINK AMERICA, INC., Defendant.

United States Bankruptcy Court, W.D. New York.

October 13, 1995.

Attorney(s) appearing for the Case

Mark S. Wallach, Penney, Maier, Wallach & Crowe, Buffalo, New York, for Plaintiff.

Dale B. Johnson, Menter, Rudin & Trivelpiece, P.C., Syracuse, New York, for Defendant.

MICHAEL J. KAPLAN, Bankruptcy Judge.

There is abundant authority to the effect that prepetition claims against a corporate Chapter 11 debtor are not discharged under 11 U.S.C. § 1141(d)(1) if the debtor knew of the claim and did not schedule the creditor and if the creditor, therefore, never received the notices required by statute. It further appears that this rule appertains even if the unscheduled creditor was aware of the bankruptcy.1

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