- 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.
ABI Membership is required to access the full summary of In re Gilbert Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of Coley v. Thomas (In re Thomas) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of Anwar v. Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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.
ABI Membership is required to access the full summary of In re Vinson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Groves v. Duke (In re Duke) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of Schwab Structural Engg Inc. v. Kercsmar (In re Kercsmar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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).
ABI Membership is required to access the full summary of Lerner Master Fund LLC v. Paige (In re Paige) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Julien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Queen v. Educational Credit Mgmt. Corp. (In re Watkins)
Sep
27
2011
Ruling
Bankruptcy court erred in denying motion to reopen to determine dischargeability of student loan debt, which could be requested at any time.
Procedural posture
Plaintiff filed a Chapter 7 bankruptcy petition and received a general discharge. Plaintiff subsequently filed a motion in the United States Bankruptcy Court for the Western District of Missouri to reopen her case and filed an adversary proceeding to determine the dischargeability under 11 U.S.C.S. § 523(a)(8) of her student loan. The bankruptcy court granted defendant's motion to dismiss. Plaintiff appealed.
ABI Membership is required to access the full summary of Queen v. Educational Credit Mgmt. Corp. (In re Watkins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Boltz-Rubinstein
Jun
17
2011
Ruling
Creditor previously granted relief from stay to pursue district court litigation granted extension of time to file nondischargeability proceeding.
Procedural posture
A claimant filed a motion under Fed. R. Bankr. P. 4007(c) requesting an extension of the deadline for filing complaints to determine the dischargeability of debts in Chapter 13 debtor's case.
ABI Membership is required to access the full summary of In re Boltz-Rubinstein Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: