- 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Saddle River Valley Bank v. Garsia (Unpublished)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
:
- FRBP
LeMons v. Sven (In re Sven)
Dec
13
2006
Ruling
Deadline for filing dischargeability proceeding was not equitably tolled against debtor who convicted of child pornography charges where creditor had notice but filed to file timely complaint.
Procedural posture
Appellant creditor sought review of a decision from the bankruptcy court, which denied her motion to vacate a discharge order and to extend the time to file a complaint to determine the dischargeability of her claim in debtor's chapter 7 bankruptcy.
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Court
:
- FRBP
Illinois v. Trost (In re Trost)
May
25
2006
Ruling
Debtor's motion to dismiss state's complaint was granted since complaint was untimely filed and sufficient notice had been provided.
Procedural posture
Plaintiff state of Illinois brought an adversary proceeding against defendant bankruptcy debtor asserting that debts were nondischargeable based on the state's investigation of consumer complaints against the debtor. The debtor moved to dismiss the adversary complaint on the ground that the complaint was untimely under Fed. R. Bankr. P. 4007(c).
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Court
:
- FRBP
In re Sven
May
04
2006
Ruling
Motion to vacate discharge and extend time to file complaint excepting to discharge was denied since parties had been notified of deadline yet failed to timely file.
Procedural posture
Pursuant to Fed. R. Bankr. P. 9023 and 9024 and 11 U.S.C. § 105(a), movant victims sought to vacate debtor's chapter 7 bankruptcy discharge so that the victims could file dischargeability complaints against the debtor pursuant to 11 U.S.C. § 523(a)(6). The victims also sought to extend the time to file a complaint excepting to discharge.
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Court
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