Opinion
Bankr. No. 99-10322
August 31, 2000
The matter before the Court is Debtors, Langford State Bank, and Trustee Pfeiffer's Stipulation to Extend the Deadline to Object to Exemptions. Based on applicable federal rules and case law, the Court is unable to approve the Stipulation.
Rule 9006(b) governs the enlargement of deadlines established by other federal rules. In particular, Fed.R.Bankr.P. 9006(b)(3) provides that the deadline for filing an objection to exemptions in Rule 4003(b) can be extended "only to the extent and under the conditions stated in [Rule 4003(b)]." Rule 4003(b) says the deadline for filing an objection to exemptions may be extended only by obtaining an extension before the original time expires. In this Circuit, Rule 9006(b)(2) is strictly applied, Ellis v. Ellis (In re Ellis), 72 F.3d 628, 631 (8th Cir. 1995); Constellation Development Corp. v. Dowden, (In re B.J. McAdams, Inc.), 999 F.2d 1221, 1224-45 (8th Cir. 1993), and this strict interpretation comports with Taylor v. Freeland Kronz, 503 U.S. 638, 642-44 (1992). Further, an extension based on "excusable neglect" is not an option. Pioneer Investment Services v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 389 n. 4 (1993); In re Granzow, 210 B.R. 989, 991 (Bankr.E.D.Mich. 1997). Thus, this Court is without authority to extend the deadline. B.J. McAdams, Inc., 999 F.2d at 1224-25.
An order denying approval of the stipulation will be entered.