- 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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Court
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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
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- 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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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).
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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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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.
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:
- 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.
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Court
:
- 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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:
- 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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:
- 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
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