Summary
ordering trustee to investigate case for potential denial of discharge is purely discretionary
Summary of this case from Tomey v. Dizinno (In re Dizinno)Opinion
CASE NO. 12-60927 - MHM
11-21-2012
In re: DONALD KYLE CAVIN, TONIA R. MANN CAVIN, Debtors. G. SCOTT FREEMAN, Movant, v. DONALD KYLE CAVIN, TONIA R. MANN CAVIN, Respondents.
CHAPTER 7
CONTESTED MATTER
ORDER DENYING MOTION TO COMPEL
Debtors filed their Chapter 7 petition April 29, 2012. Debtors failed to appear at for the first scheduled §341(a) meeting of creditors June 1, 2012; the meeting was rescheduled to June 21, 2012, at which Debtors appeared and the meeting was concluded.
The original bar date for filing objections to discharge was set for July 31, 2012 (the "Bardate"). Due to Debtors' failure to appear at original §341 meeting, and because Debtors did not file schedules until June 1, 2012, Movant filed his first motion to extend the Bardate July 20, 2012 (Doc. No. 31) (the "Extension Motion"). The Extension Motion did not expressly include a request to extend the Bardate as to the Chapter 7
Movant filed a motion to extend the Bardate July 13, 2012 (Doc. No. 23), but because that motion was not properly served, Movant filed an amended motion July 20, 2012.