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§ 727(e)(1)

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
Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-080
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Fanaras v. Carpenter (In re Fanaras)

Jun
03
2005
Ruling
Debtor was granted partial summary judgment since the one-year statute of limitations for requesting revocation of discharge is not subject to equitable tolling.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 727(d), seeking to revoke the discharge entered in favor of the debtor. The trustee moved for summary judgment as to all counts in the complaint. The debtor cross moved for summary judgment, seeking to dismiss all counts on the basis that they were time barred.

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opinion summary, case decided on June 03, 2005 , LexisNexis #0106-066
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