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Rule 4007(c)

Chase Bank USA N.A. v. Jay (In re Jay)

Feb
03
2006
Ruling
Creditor's dischargeability claim was dismissed since the creditor filed it after the required 60- day period.
Procedural posture

Plaintiff creditor sued defendant debtor pursuant to 11 U.S.C. § 532(a)(2), seeking to except from discharge certain credit card indebtedness. The debtor moved to dismiss the complaint on the grounds that the creditor filed it after expiration of the 60-day filing period provided by Fed. R. Bankr. P. 4007(c).

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opinion summary, case decided on February 03, 2006 , LexisNexis #0306-070
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Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)

Aug
02
2005
Ruling
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.

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opinion summary, case decided on August 02, 2005 , LexisNexis #0106-104
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