Rule 4004(a)

In re Chatkhan

Pursuant to Fed. R. Bankr. P.4004(b) and 4007(c), a creditor sought an extension of time to object to a chapter 7 debtor's discharge and to the dischargeability of a debt under 11 U.S.C.S. §§ 523 and 727.
Ruling: 
Extension of time for creditor to object to discharge and file dischargeability proceeding denied absent justification for missed deadlines.
ABI Membership is required to access the full summary of In re Chatkhan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-029

In re Shankman

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor objecting to the debtor's discharge on various grounds. The trustee moved for leave to amend the complaint to allege additional grounds for denial of the debtor's discharge.
Ruling: 
Trustee could amend dischargeability complaint to reflect misconduct occurring after deadline for objection but prior to discharge.
ABI Membership is required to access the full summary of In re Shankman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-033

In re Webb

A debtor filed for relief under chapter 13 of the Bankruptcy Code, the matter was reconverted to a chapter 7 case, and the debtor received a discharge. A chapter 7 trustee filed a motion to vacate the discharge, alleging that the debtor was not eligible because the debtor had received a discharge in a prior chapter 13 case.
Ruling: 
Trustee's motion to vacate discharge in converted case denied where trustee had failed to object at the appropriate time.
ABI Membership is required to access the full summary of In re Webb. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 22,2009, LexisNexis #0309-070

NABCO Inc. v. Holmes (In re Holmes)

Defendant debtor filed a motion to dismiss plaintiff corporation's adversary proceeding alleging that the debtor fraudulently transferred assets within one year of the filing of her chapter 7 petition.
Ruling: 
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
ABI Membership is required to access the full summary of NABCO Inc. v. Holmes (In re Holmes). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1108-132

GLS Supply LLC v. Caldwell (In re Caldwell)

Plaintiff creditor filed an adversary action against defendant debtors, alleging, inter alia, that the debtors committed fraud. The debtors filed a motion to dismiss the creditor's action, arguing that it was untimely.
Ruling: 
Dischargeability proceeding filed after deadline was timely as it related back to creditor's earlier erroneous filing.
ABI Membership is required to access the full summary of GLS Supply LLC v. Caldwell (In re Caldwell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to Rule 4004(a)