Opinion
Case No. 08-16298PM, Adversary No. 08-0709PM.
November 18, 2008
MEMORANDUM OF DECISION
This bankruptcy case under Chapter 7 was filed on May 6, 2008. The Meeting of Creditors held pursuant to § 341 of the Bankruptcy Code was concluded on June 12, 2008. On July 14, 2008, on the Motion of the U.S. Postal Service Federal Credit Union, the court granted an Order extending the time for filing objections to exemptions and for filing an objection to Debtors' discharge to an including September 3, 2008. The Complaint before the court, pleaded in two counts to dismiss or convert this case and to determine dischargeability of debt, was filed September 23, 2008. The Complaint is time barred.
The objection to the dischargeability of a debt under Bankruptcy Rule 4007(c) must be filed no later than 60 days after the first date set for the Meeting of Creditors under § 341(a), or within an extension procured by motion filed within that time period. While a debtor may forfeit the benefit of the time limitation, Kontrick v. Ryan, 540 U.S. 443 (2004), all debtor need do is raise this issue of limitations prior to the court's reaching the merits of the objection. Debtors acted timely here and filed a motion to dismiss in lieu of an answer.
While the court extended the time for filing certain complaints to September 3, 2008, in all events, this Complaint was untimely filed. Likewise, the Complaint to dismiss or convert the case as an abuse of the provisions of Chapter 7 is similarly untimely. Under Interim Bankruptcy Rule 1017(e)(1) such a complaint must have been filed within the same period as complaints objecting to discharge or dischargeability of debts.
An appropriate order will be entered.
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-0 User: srudolf Date Created: 11/19/2008 Case: 08-00709 Form ID: pdfall Total: 5 aty Craig Lawrence Holcomb clholcomb@hstllc.com aty Kasey L. Edwards kedwards@gilmanedwards.com TOTAL: 2 dft Evangelina Lalangan 1123 Bohac Lane Accokeek, MD 20607 dft Rolando Lalangan 1123 Bohac Lane Accokeek, MD 20607 Stephen Greenfield, Trustee 7910 Woodmont Avenue Suite 760 Bethesda, MD 20814 TOTAL: 3