- FRBP
Opportunity Bank v. Martinsen (In re Martinsen)
May
10
2011
Ruling
Late filed nondischargeability proceeding dismissed.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a debt owed by the debtor husband was nondischargeable under 11 U.S.C.S. § 523. The debtor moved to dismiss the complaint on the grounds that it was filed after the time to object to discharge in Fed. R. Bankr. P. 4007(c) had passed.
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Court
:
- FRBP
Penland v. Bryan (In re Bryan)
May
04
2011
Ruling
Creditor who received insufficient notice entitled to extension of time to file nondischargeability complaint.
Procedural posture
Creditor, acting pro se, filed a nondischargeability complaint against defendant debtor under 11 U.S.C.S. § 523(a)(2) and (6). Defendant filed a motion to dismiss the complaint on the ground that it was untimely under Fed. R. Bankr. P. 4007(c) and 9006(b)(3). Plaintiff filed a motion to extend the time in which to file the complaint.
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Court
:
- FRBP
Warham v. Bajas (In re Bajas)
Mar
10
2011
Ruling
Untimely filed nondischargeability proceeding dismissed.
Procedural posture
Judgment creditors filed an adversary proceeding against chapter 13 debtors, seeking a determination, inter alia, that a default judgment they obtained against the male debtor in state court was nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss all claims in the creditors' complaint, pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
:
- FRBP
Nowak v. Gregory (In re Gregory)
Jan
14
2010
Ruling
Untimely filed nondischargeability proceeding dismissed.
Procedural posture
Plaintiffs commenced this adversary proceeding by filing a complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(4). Defendant debtors moved to dismiss the adversary proceeding.
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Court
:
- FRBP
Saddle River Valley Bank v. Garsia (Unpublished)
Oct
22
2009
Ruling
Creditor's adversary proceeding, misdelivered to state court before being delivered to bankruptcy court after deadline dismissed as untimely where no extension had been obtained.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a). The debtor moved to dismiss the complaint as untimely under Fed. R. Bankr. P. 4007(c).
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Court
:
- FRBP
Baerman v. Ryan (In re Ryan)
Jul
14
2009
Ruling
Creditor's second adversary proceeding dismissed as untimely absent extension of time.
Procedural posture
Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in an Illinois court was a nondischargeable debt under 11 U.S.C.S. § 523(a)(2)(A). The court dismissed the adversary proceeding without prejudice, and the creditors filed a second adversary proceeding the next day. The parties filed cross-motions for summary judgment.
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Court
:
- FRBP
Alabama v. Lett (In re Lett)
Mar
23
2009
Ruling
Dischargeability proceeding properly dismissed as filed more than 60 days after creditors' meeting.
Procedural posture
Creditor appealed an order of the bankruptcy court, which denied its motion to alter or amend the judgment dismissing, as untimely under Fed. R. Bankr. P. 4007(c), its adversary complaint against debtor.
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Court
:
- FRBP
United States v. Horras (In re Horras)
Jan
30
2009
Ruling
Deadline for filing dischargeability proceeding was not jurisdictional and could be extended.
Procedural posture
Defendant debtor moved to dismiss a complaint filed by plaintiff, the United States, to except from discharge per 11 U.S.C.S. 523 debtor's obligation to the Department of Health and Human Services (DHHS), including a monetary penalty, resulting from the submission of false or fraudulent reimbursement claims by a health care provider owned and controlled by debtor. At issue was whether the complaint was time-barred by Fed. R. Bankr. P. 4007(c).
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Court
:
- FRBP
Southern Heritage Bank v. Judzewitsch (In re Judzewitsch)
Mar
26
2008
Ruling
Dischargeability proceeding not filed before original bar date in transferred case dismissed.
Procedural posture
Defendant debtor filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff creditor bank filed an adversary proceeding against the debtor seeking a determination of nondischargeability of an unsecured debt owed by the debtor to the bank. The debtor sought to dismiss the complaint, claiming that it was filed after the time for filing dischargeability complaints had expired.
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Court
:
- FRBP
Western Union Fin. Servs. v. Mascarenhas (In re Mascarenhas)
Feb
26
2008
Ruling
Dischargeability proceeding dismissed as filed one day after expiration of 60-day deadline.
Procedural posture
Plaintiff creditors filed an adversary proceeding against defendant debtor objecting to the dischargeability of an obligation pursuant to 11 U.S.C.S. § 523. The debtor filed a motion to dismiss, claiming that the adversary proceeding was not timely, pursuant to Fed. R. Bankr. P. 4007(c).
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Court
: