- FRBP
Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)
Aug
02
2005
Ruling
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.
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Court
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