maliciousness. Accordingly, the debt was discharged.
Petitioner has represented that he would have appealed the ruling of Judge Curtin; however, he states that he did not receive notice that the discharge had been entered or that the objection had been dismissed. He alleged that he learned this fact sometime in January or February, 1975, after writing to the bankruptcy judge to inquire into the status of the case. The ten-day period for filing appeals, provided in 11 U.S.C. § 67(c), had expired, and therefore the order was a final one. A petition to open and reconsider the case was denied, and this appeal was thereafter filed in this court.
The position of the bankruptcy judge was that he could not reopen the matter. In the history which he filed with this Court, Judge Curtin stated that the ordinary office procedures were complied with, and that all persons listed on the docket for the Garland matter were mailed notices of the discharge and order.
Furthermore, he states that an objecting creditor may not sit back and await notice from the court, but is duty-bound to scan the records of judgments and discharges published daily, to determine when an order has been filed. In re General Insecticide Company, 403 F.2d 629 (2d Cir. 1968). No basis therefore exists for the discharge and order to be reopened.
We have reviewed the cited case, as well as In re Park Distributors, Inc., 176 F. Supp. 38 (S.D. Cal. 1959), cited in General Insecticide and by petitioner. We find that the position taken by the bankruptcy judge is correct as a matter of law. It is true that General Insecticide was distinguished in Wolverton v. Shell Oil Company, 442 F.2d 666, 670 (9th Cir. 1971), but that case involved special dangers
which "outweigh[ed] General Insecticide's policy favoring finality." Id. at 670. No such circumstances are present here, and so the policy with respect to finality will control.
Even were we to have decided otherwise and opened the discharge, we would not have granted any relief to petitioner. The standard of review of a referee's findings of fact is quite limited. Bankruptcy Rule 810 provides:
Upon an appeal the district court may affirm, modify, or reverse a referee's judgment or order, or remand with instructions for further proceedings. The court shall accept the referee's findings of fact unless they are clearly erroneous, and shall give due regard to the opportunity of the referee to judge the credibility of the witnesses.