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Rule 4007

Kansas v. Zuo (In re Zuo)

Ruling
Nondischargeability proceeding dismissed as filed one day late.
Issue(s)
Should state department of labor’s nondischargeability proceeding be dismissed as untimely?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-028

Kansas Dept of Labor v. Hunter (In re Hunter)

Ruling
Nondischargeability proceeding dismissed as untimely.
Issue(s)
Should nondischargeability proceeding be dismissed as untimely?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-027

In re Earlywine

Ruling
Creditor's assignee was not entitled to extension of time to contest dischargeability.
Issue(s)
Was creditor bank's assignee, not originally listed in debtor's schedules, although the bank was listed, entitled to an extension of time to file a nondischargeability proceeding?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-103

In re Sheetz

Ruling
Creditor's proceeding for denial of discharge denied as it originally filed as a motion and creditor only moved to amend to file an adversary proceeding after the bar date.
Issue(s)
Could judgment creditor file a nondischargeability proceeding against the debtor where he originally filed his objection to dischargeability as a motion and waited until after the bar debt to request permission to amend his pleadings?

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Consumer opinion summary, case decided on December 31, 2015 , LexisNexis #0116-139

Regency Fin. Co. v. Trichilo (In re Trichilo)

Ruling
Debtor did not waive timeliness objection to nondischargeability proceeding where issue was first raised within 31 days of filing of creditor's complaint.
Issue(s)
Should nondischargeability proceeding be dismissed as untimely or did debtor waive its right to raise the timeliness objection?

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Consumer opinion summary, case decided on November 16, 2015 , LexisNexis #1215-103

In re Sheppard

Ruling
Bankruptcy court erred in denying creditor extension of filing deadline.
Issue(s)
Whether the bankruptcy court erred in denying the creditor's Motion to Extend the Deadline for Filing by determining that the creditor had not provided sufficient "cause" to justify an extension of the deadline for filing as provided by Fed. R. Bankr. P. 4004, 4007(c).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 09, 2015 , LexisNexis #0815-034

In re Garner

Ruling
Untimely nondischargeability complaint dismissed.
Issue(s)
Should nondischargeablility complaint not received by the clerk by the deadline for filing be dismissed as untimely?

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Consumer opinion summary, case decided on June 18, 2015 , LexisNexis #0715-067

Hollis v. Ardahji (In re Ardahji)

Ruling
Equitable tolling of statute of limitations did not apply where creditors were not vigilant in preserving their rights.
Issue(s)
Could late-filed nondischargeability proceeding be allowed pursuant to equitable tolling?

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Consumer opinion summary, case decided on April 02, 2015 , LexisNexis #0415-140

In re Estrin

Ruling
Insurance company entitled to one-time extension of deadline for filing an objection to debtor's discharge.
Issue(s)
Was insurance company entitled to an extension of time to file an objection to debtor's discharge?

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Consumer opinion summary, case decided on February 05, 2015 , LexisNexis #0315-035

In re Peters

Ruling
Late-filed nondischargeability proceeding allowed as relating back to timely motion for equitable tolling.
Issue(s)
Should late filed nondischargeability proceeding be allowed as relating back to motion to hold debt nondischargeable that was filed before the bar date?

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Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-104