In re Horras
Jan
30
2009
Ruling
Time limit for filing dischargeability complaint is not jurisdictional.
Procedural posture
Plaintiff, the United States Department of Health and Human Services (HHS) filed a complaint seeking a determination that a debt owed to it by defendant debtor, a former executive in the health services industry, be excepted from discharge for fraud and as a fine or penalty under 11 U.S.C.S. §§ 523(a)(2)(A) and 523(a)(7) respectively. The debtor moved to dismiss the complaint filed as not timely filed under former Fed. R. Bankr. P. 4007(c).
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Court
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