Serrano, In re--Banco Popular de P.R. v. Serrano
Apr
05
2021
Ruling
Proceeding for revocation of discharge dismissed as it was untimely filed one year after entryof the discharge order. (Bankr. D.P.R.)
Issue(s)
Discharge; Time Limit on Request for Revocation.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Weil v. Elliott
Jun
14
2017
Ruling
Debtor's discharge was properly revoked where court held that debtor forfeited theaffirmative defense of the non-jurisdictional time bar by failing to raise it in the bankruptcycourt. (9th Cir.)
Issue(s)
Discharge; Time Limit on Request for Revocation; Fraud.
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Judge or Jurisdiction information not available
Anzo, In re--Hurston v. Anzo
Jan
30
2017
Ruling
Creditor's motion to reopen chapter 7 bankruptcy case denied because court found thatcreditor's request is time-barred and is not subject to tolling. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Time Limit on Request for Revocation.
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Court
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Phillips v. Long (In re Long)
Aug
05
2016
Ruling
Proceeding for denial of discharge brought more than one year postdischarge dismissed astime-barred. (Bankr. D. Utah)
Issue(s)
Should postdischarge proceeding for denial of discharge be dismissed?
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Court
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In re Goff
Jun
07
2016
Ruling
Vacating a bankruptcy discharge is not a viable option for extending the deadline to obtain a valid reaffirmation agreement.
Issue(s)
Could discharge be vacated pending execution of a reaffirmation agreement?
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Court
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Elliott v. Weil (In re Elliott)
Apr
22
2015
Ruling
Revocation of discharge vacated as untimely.
Issue(s)
Should revocation of discharge be vacated as granted based on an untimely complaint by the trustee?
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Court
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Judge or Jurisdiction information not available
Cadle Co. v. Andersen (In re Andersen)
Nov
21
2011
Ruling
Proceeding for revocation of discharge dismissed as untimely.
Procedural posture
Creditor brought an adversary proceeding against bankruptcy debtor seeking revocation of the debtor's discharge alleging that the debtor improperly refused to answer questions concerning potentially concealed assets during an examination. The debtor moved to dismiss the complaint for lack of jurisdiction based on the creditor's failure to timely seek revocation under 11 U.S.C.S. § 727(e).
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Court
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McNaughton v. Maytorena (In re Maytorena)
Nov
04
2011
Ruling
Failure to receive notice of deadline for filing nondischargeability proceeding was not grounds for revocation of discharge where notice of bankruptcy was received.
Procedural posture
Creditors filed complaints against defendant debtors in which they asserted that a debt arising from a failed real estate deal constituted a nondischargeable debt under 11 U.S.C.S. § 523. They also objected to defendants being granted a discharge and sought revocation of the discharges under 11 U.S.C.S. § 727. Defendants filed motions for summary judgment on the ground that plaintiffs' complaints were time-barred.
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Court
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Green State Public Adjusters Inc. v. Wood (In re Wood)
Jun
29
2009
Ruling
Adversary proceeding for revocation of discharge was time barred and filed by corporation that lacked standing.
Procedural posture
A Florida corporation filed an adversary proceeding against chapter 7 debtors, seeking an order revoking the debtors' discharge. The debtors filed a motion to dismiss.
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Court
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Miller v. Christensen (In re Christensen)
Mar
30
2009
Ruling
Trustee's claim for revocation of discharge was time barred regardless of whether case was properly closed.
Procedural posture
Trustee brought an adversary proceeding against debtors seeking revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(2). The debtors moved to dismiss the adversary proceeding on the grounds that it was barred by the time limits expressed in 11 U.S.C.S. § 727(e)(2).
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Court
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