Opinion
Case No. 07-64817.
April 6, 2008
Debtor filed a voluntary petition for relief under Chapter 7 on December 5, 2007. A "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, Deadlines" was filed on December 5, 2007. At that time, the Chapter 7 trustee was served with the Notice electronically, through the Court's CM/ECF system. In addition, the Notice was served on the Chapter 7 trustee and creditors by mail on December 8, 2007 (Docket ## 8, 9). The Notice stated that the "deadline to file a complaint objecting to discharge of the Debtor or to determine dischargeability of certain debts" was March 16, 2008; that the deadline to file objections to the Debtor's exemptions was "[t]hirty (30) days after the conclusion of the meeting of creditors" (italics in original); and that the first meeting of creditors would be held on January 16, 2008. The first meeting of creditors was held and concluded on January 16, 2008.
Under Fed.R.Bankr.P. 4003(b)(1), the deadline to file an objection to a debtor's exemptions is "30 days after the meeting of creditors held under § 341 is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later." Debtor did not file any amendments to his list of exemptions or supplemental schedules. Therefore, the deadline for filing any objections to Debtor's exemptions was February 15, 2008.
On April 2, 2008, well after all of the relevant deadlines had expired, the Chapter 7 trustee and the Debtor filed a "Stipulation for Entry of Order to (I) Extend Deadline to Object to Discharge and (II) Extend Deadline to Object to Exemption" (Docket # 16). The stipulation requested:
i. That the deadline to file an objection to exemptions pursuant to [Fed.R.Bankr.P.] 4003 [be] extended to March 16, 2008.
ii. That the deadline to file a complaint objecti[ng] to the discharge of Debtor(s) under 11 USC Section 727, or to the dischargeability of particular debts pursuant to 11 USC Section 523 [be] extended to April 15, 2008.
After filing the stipulation, the trustee submitted a proposed order granting this relief.
The Court must disapprove this stipulation and refuse to enter the requested order. In order for the Court to extend the time for any party to object to a debtor's discharge, or to object to the dischargeability of any debt, or to object to a debtor's exemptions, that party must file a motion to extend the deadline before the deadline has expired.
Fed.R.Bankr.P. 4004(a) fixes the time for filing a complaint objecting to a debtor's discharge. Fed.R.Bankr.P. 4004(b) provides: "On motion of any party in interest, after hearing on notice, the court may for cause extend the time to file a complaint objecting to discharge. The motion shall be filed before the time has expired."
Similarly, Fed.R.Bankr.P. 4007(c) provides, in relevant part: "On motion of a party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision [for filing a complaint under 11 U.S.C. § 523(c)]. The motion shall be filed before the time has expired."
Similarly, Fed.R.Bankr.P. 4003(b) states: "The court may, for cause, extend the time for filing objections [to a debtor's claim of exemptions] if, before the time to object expires, a party in interest files a request for an extension."
Finally, Fed.R.Bankr.P. 9006(b)(3), provides, in relevant part, that "[t]he court may enlarge the time for taking action under Rules . . . 4003(b), 4004(a), [and] 4007(c), . . . only to the extent and under the conditions stated in those rules."
Although the trustee had ample advance notice of the deadlines in this case, no motion or stipulation to extend the deadlines was filed before they expired. Therefore, the Court does not have authority to extend the deadlines. Accordingly,
See, e.g., In re Lufkin, 256 B.R. 876, 880 (Bankr. E.D. Tenn. 2000) (but also discussing Nicholson v. Isaacman (In re Isaacman), 26 F.3d 629 (6th Cir. 1994), and its holding that a bankruptcy court may use its equitable powers to allow a creditor's complaint to be filed after the deadline, where the late filing was the result of a creditor's reliance on a bar date erroneously set by the bankruptcy court).
IT IS ORDERED that the "Stipulation for Entry of Order to (I) Extend Deadline to Object to Discharge and (II) Extend Deadline to Object to Exemption" (Docket # 16), is disapproved. The deadlines will not be extended.