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Rule 4004(b)

Multinational Life Ins. Co. v. Soler (In re Van Rhyn Soler)

Ruling
Late-filed proceeding objecting to discharge denied.
Issue(s)
Should creditor's motion to extend time to file an objection to discharge, not filed prior to deadline, be dismissed as untimely?

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Consumer opinion summary, case decided on March 10, 2016 , LexisNexis #0416-034

In re Markowitz

Ruling
Creditor not entitled to second extension of time to file objection to discharge or nondischargeability complaint where motion was not timely filed.
Issue(s)
Should creditor's late-filed second motion to extend time to object to debtor's discharge be granted?

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Consumer opinion summary, case decided on April 28, 2015 , LexisNexis #0615-035

In re Ray

Ruling
Trustee's motion to extend time to object to discharge filed before expiration of erroneous extended bar date could be granted.
Procedural posture

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).

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Consumer opinion summary, case decided on December 07, 2012 , LexisNexis #0113-064

In re Marsh

Ruling
Extension of time for trustee to seek denial of discharge on basis of allegedly unscheduled car and motorcycle denied.
Procedural posture

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.

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Consumer opinion summary, case decided on September 26, 2012 , LexisNexis #1012-104

In re Biggs

Ruling
Creditor's fifth motion to extend time to object to discharge denied as filed after deadline and after discharge had entered.
Procedural posture

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.

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Consumer opinion summary, case decided on July 19, 2012 , LexisNexis #0812-103

In re Berger

Ruling
Extension of time to object to discharge granted to allow diligent trustee to complete investigation.
Procedural posture

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.

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Consumer opinion summary, case decided on June 15, 2012 , LexisNexis #0712-099

In re Duncan

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.
Procedural posture

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.

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Consumer opinion summary, case decided on August 31, 2009 , LexisNexis #1009-034