Rule 4004

In re Ray

A chapter 7 trustee filed a motion to extend time to file an objection to discharge pursuant to Fed. R. Bankr. P. 4004(b)(1).
Ruling: 
Trustee's motion to extend time to object to discharge filed before expiration of erroneous extended bar date could be granted.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-064

In re Marsh

Pursuant to Fed. R. Bankr. P. 4004(b), a chapter 7 trustee filed a motion for enlargement of time to seek denial of a debtor's discharge under 11 U.S.C.S. § 727. The debtor objected to the motion.
Ruling: 
Extension of time for trustee to seek denial of discharge on basis of allegedly unscheduled car and motorcycle denied.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1012-104

In re Biggs

This cause came before the court upon a creditor's Fifth Motion for Extension of Time to Object to Discharge. Debtor objected to the requested extension.
Ruling: 
Creditor's fifth motion to extend time to object to discharge denied as filed after deadline and after discharge had entered.
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Consumer case opionion summary, case decided on July 19,2012, LexisNexis #0812-103

In re Hentz

Movant, the chapter 7 trustee, asked the court to extend the time to object to discharge under Fed. R. Bankr. P. 4004 and also sought an order authorizing an examination under Fed. R. Bankr. P. 2004. Debtor objected to both motions.
Ruling: 
Extension of time to object to discharge granted in light of trustee's diligence and issues discovered that justified further investigation.
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Consumer case opionion summary, case decided on June 18,2012, LexisNexis #0712-068

In re Berger

A chapter 7 trustee filed a motion for extension of time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b)(1). The debtor did not object, but claimed that a 60 day extension, rather than the 90 days requested by the trustee, was sufficient. A creditor also moved for an extension of time to file objection to discharge under Rule 4004(b)(2). The debtor objected on the grounds that her motion was untimely.
Ruling: 
Extension of time to object to discharge granted to allow diligent trustee to complete investigation.
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Consumer case opionion summary, case decided on June 15,2012, LexisNexis #0712-099

In re Chatkhan

Pursuant to Fed. R. Bankr. P.4004(b) and 4007(c), a creditor sought an extension of time to object to a chapter 7 debtor's discharge and to the dischargeability of a debt under 11 U.S.C.S. §§ 523 and 727.
Ruling: 
Extension of time for creditor to object to discharge and file dischargeability proceeding denied absent justification for missed deadlines.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-029

In re Roderick

Debtors intended to reaffirm their mortgage and were negotiating with their mortgage lender for modification of the mortgage loan terms. After the debtors' discharge was deferred several times to allow the negotiations to continue, the debtors again moved to defer discharge under Fed. R. Bankr. P. 4004(c)(2) pending a decision by the lender whether a loan modification would be granted.
Ruling: 
Motion to defer discharge pending lender's decision whether or not to allow modification granted.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-030

In re Shankman

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor objecting to the debtor's discharge on various grounds. The trustee moved for leave to amend the complaint to allege additional grounds for denial of the debtor's discharge.
Ruling: 
Trustee could amend dischargeability complaint to reflect misconduct occurring after deadline for objection but prior to discharge.
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Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-033

In re Duncan

In this chapter 7 case, a creditor insurer filed a motion for an extension of time to file complaints under 11 U.S.C.S. §§ 523, 727, and a request for an expedited hearing.
Ruling: 
Insurer not entitled to extension of time to file proceedings regarding dischargeability and denial of discharge due to failure to act in more timely fashion.
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Consumer case opionion summary, case decided on August 31,2009, LexisNexis #1009-034

In re Webb

A debtor filed for relief under chapter 13 of the Bankruptcy Code, the matter was reconverted to a chapter 7 case, and the debtor received a discharge. A chapter 7 trustee filed a motion to vacate the discharge, alleging that the debtor was not eligible because the debtor had received a discharge in a prior chapter 13 case.
Ruling: 
Trustee's motion to vacate discharge in converted case denied where trustee had failed to object at the appropriate time.
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Consumer case opionion summary, case decided on January 22,2009, LexisNexis #0309-070

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