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Schwab Structural Engg Inc. v. Kercsmar (In re Kercsmar)

Schwab Structural Engg Inc. v. Kercsmar (In re Kercsmar)

Ruling
Adversary proceeding dismissed as untimely where creditor failed to file or request extension of time by bar date.
Procedural posture

Plaintiff creditor filed its adversary proceeding objecting to the dischargeability of its debt. Defendant debtor moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), and failure to timely file the adversary complaint under Fed. R. Bankr. P. 4007(c) and 11 U.S.C.S. § 523(c).

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Consumer opinion summary, case decided on September 12, 2012 , LexisNexis #1012-068