- FRBP
In re Estrin
Feb
05
2015
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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:
- FRBP
In re Peters
May
16
2014
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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:
- FRBP
In re Gilbert
Oct
11
2013
Ruling
Creditor's nondischargeability proceeding was timely as filed within court ordered extension.
Issue(s)
Was nondischargeability proceeding timely when filed within third extension of bar date, which trustee subsequently sought to withdraw.
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:
- FRBP
Coley v. Thomas (In re Thomas)
Jul
03
2013
Ruling
Provision of name of bankruptcy counsel did not give creditor actual notice of case so as to prevent late-filed proof of claim.
Procedural posture
Creditor filed an adversary proceeding alleging that debt owed to her by debtor was nondischargeable under 11 U.S.C.S. § 523(a)(6). Debtor moved to dismiss the complaint on the basis that it was untimely under Fed. R. Bankr. P. 4007(c).
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:
- FRBP
Anwar v. Johnson
Jul
02
2013
Ruling
Judgment that bankruptcy court lacked discretion to grant retroactive extension of deadline for filing nondischargeability proceeding affirmed.
Procedural posture
The bankruptcy court dismissed appellant creditors' nondischargeability complaints as untimely, explaining that it lacked discretion to grant retroactive extensions of Fed. R. Bankr. P. 4007(c)'s deadline. Reviewing de novo, the United States District Court for the District of Arizona affirmed. The creditors appealed.
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:
Judge or Jurisdiction information not available
- FRBP
In re Vinson
Mar
13
2013
Ruling
Extension of time to file nondischargeability proceeding denied where creditor failed to establish cause.
Procedural posture
This matter came on for hearing before the court upon a motion to extend the deadline for filing a complaint to object to discharge under 11 U.S.C.S. § 727 or to determine dischargeability of debt under 11 U.S.C.S. § 523 filed by a creditor, as supplemented. Debtors filed an objection to the motion and another objection to the supplement.
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Court
:
- FRBP
Groves v. Duke (In re Duke)
Sep
28
2012
Ruling
Dischargeability complaint was untimely where motion to extend was not filed prior to expiration of deadline.
Procedural posture
Debtor moved for an order dismissing, as untimely, a complaint filed by ex- employee for a determination that her claim against debtor was nondischargeable per 11 U.S.C.S. § 523. The issue was the effect of Fed. R. Bankr. P. 4007 and Fed. R. Bankr. P. 9006 on the question of whether the deadline could be extended.
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:
- FRBP
Schwab Structural Engg Inc. v. Kercsmar (In re Kercsmar)
Sep
12
2012
Ruling
Adversary proceeding dismissed as untimely where creditor failed to file or request extension of time by bar date.
Procedural posture
Plaintiff creditor filed its adversary proceeding objecting to the dischargeability of its debt. Defendant debtor moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), and failure to timely file the adversary complaint under Fed. R. Bankr. P. 4007(c) and 11 U.S.C.S. § 523(c).
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:
- FRBP
Lerner Master Fund LLC v. Paige (In re Paige)
Aug
01
2012
Ruling
Extension of time to file nondischargeability proceeding granted due to debtor's delay in providing information.
Procedural posture
Creditor sought to obtain a brief extension of time to file an adversary complaint to deny the dischargeability of its debt against defendant debtors, who had been its fund managers, pursuant to Fed. R. Bankr. P. 4007(c).
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:
- FRBP
In re Julien
Jun
18
2012
Ruling
Extension of time to file nondischargeability proceeding denied as creditor did not diligently pursue or investigate rights prior to expiration date.
Procedural posture
A creditor filed a motion for an extension of time to file a dischargeability complaint, and the chapter 11 debtor objected.
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Court
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