Opinion
Case No. 05-54408.
September 12, 2005
On August 26, 2005, Juan Padilla, an inmate at the Tamms Correctional Center in Tamms, Illinois, filed a "Motion For Extension of Time" stating, in relevant part, that he was unable to file an adversary complaint because Debtors failed to schedule him as a creditor. A review of the Court's records indicate that Debtor scheduled a Juan Padilla as an unsecured creditor on Schedule F, and that a Juan Padilla is listed on an amended matrix. However, the address listed on Schedule F and the amended matrix is not that of Mr. Padilla's incarceration. Thus, Mr. Padilla apparently did not receive required notice form the Clerk of the Court of Debtor's bankruptcy in time to file an adversary complaint objecting to discharge under 11 U.S.C. § 727(a), and/or to file a complaint to determine the dischargeability of a debt under 11 U.S.C. § 523.
The Court construes Mr. Padilla's Motion as a motion to obtain an extension of the time limits (1) under Fed.R.Bankr.P. 4004(a) to file a complaint objecting to discharge under 11 U.S.C. § 727(a) and (2) under Fed.R.Bankr.P. 4007(c) to file a complaint to determine dischargeability of a debt under 11 U.S.C. § 523. The Court will grant such an extension of time in favor of Mr. Padilla.
Accordingly,
IT IS ORDERED that the deadlines for Juan Padilla (1) to file a complaint objecting to discharge under 11 U.S.C. § 727(a); and (2) to file a complaint to determine dischargeability of a debt under 11 U.S.C. § 523, are extended until and including Tuesday, October 18, 2005.