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Blackstone Fin. Group v. Myler (In re Myler)

Blackstone Fin. Group v. Myler (In re Myler)

Ruling
Deadlines for filing proceeding for revocation of discharge not subject to equitable tolling.
Procedural posture

Defendant debtors, a married couple who had received a chapter 7 discharge, moved to dismiss as untimely a complaint to revoke discharge per 11 U.S.C.S. § 727(e) by plaintiff creditor, successor in interest to lenders to a joint venture in which the husband was alleged to have misappropriated assets. One issue was whether certain deadlines governing discharges including those in § 727 and in 11 U.S.C.S. § 523 were subject to equitable tolling.

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Consumer opinion summary, case decided on August 31, 2012 , LexisNexis #1012-092