Rule 4004

Cadle Co. v. Riggert (In re Riggert)

Plaintiff judgment creditor sued defendant debtor, seeking denial of a discharge under 11 U.S.C.S. § 727(a)(2)-(5) on the grounds that the debtor failed to reveal the existence of a transfer, agreement, and claim against the debtor's wife as to the proceeds from refinancing a jointly owned homestead. The judgment creditor moved for leave to file an amended complaint.
Ruling: 
Leave to amend complaint for denial of discharge denied where creditor sought to add new grounds that were time barred.
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0209-093

NABCO Inc. v. Holmes (In re Holmes)

Defendant debtor filed a motion to dismiss plaintiff corporation's adversary proceeding alleging that the debtor fraudulently transferred assets within one year of the filing of her chapter 7 petition.
Ruling: 
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1108-132

GLS Supply LLC v. Caldwell (In re Caldwell)

Plaintiff creditor filed an adversary action against defendant debtors, alleging, inter alia, that the debtors committed fraud. The debtors filed a motion to dismiss the creditor's action, arguing that it was untimely.
Ruling: 
Dischargeability proceeding filed after deadline was timely as it related back to creditor's earlier erroneous filing.
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