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Rule 4004(a)

In re Lee

Ruling
Creditor's nondischargeability proceeding dismissed as time-barred.
Issue(s)
Was creditor entitled to an extension of time to file a complaint against debtor objecting to discharge or seeking to determine the dischargeability of debts?

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Consumer opinion summary, case decided on January 21, 2015 , LexisNexis #0215-104

In re Lee

Ruling
Creditor's nondischargeability proceeding dismissed as time-barred.
Issue(s)
Was creditor entitled to an extension of time to file a complaint against debtor objecting to discharge or seeking to determine the dischargeability of debts?

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Consumer opinion summary, case decided on January 21, 2015 , LexisNexis #0215-104

In re Chatkhan

Ruling
Extension of time for creditor to object to discharge and file dischargeability proceeding denied absent justification for missed deadlines.
Procedural posture

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.

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Consumer opinion summary, case decided on August 12, 2011 , LexisNexis #0911-029

In re Shankman

Ruling
Trustee could amend dischargeability complaint to reflect misconduct occurring after deadline for objection but prior to discharge.
Procedural posture

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.

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Consumer opinion summary, case decided on September 01, 2009 , LexisNexis #1009-033

In re Webb

Ruling
Trustee's motion to vacate discharge in converted case denied where trustee had failed to object at the appropriate time.
Procedural posture

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.

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Consumer opinion summary, case decided on January 22, 2009 , LexisNexis #0309-070

NABCO Inc. v. Holmes (In re Holmes)

Ruling
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
Procedural posture

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.

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Consumer opinion summary, case decided on August 27, 2008 , LexisNexis #1108-132

GLS Supply LLC v. Caldwell (In re Caldwell)

Ruling
Dischargeability proceeding filed after deadline was timely as it related back to creditor's earlier erroneous filing.
Procedural posture

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.

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opinion summary, case decided on June 08, 2007 , LexisNexis #0707-089