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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