(Bankr. S.D. Ind. Aug. 21, 2017)
The bankruptcy court permits the creditor to file a 11 U.S.C. § 523(a)(3)(B) complaint. The creditor moved for leave to file its complaint because it had not received notice of the bankruptcy and the deadline for § 523 complaints had passed. The court finds that the debtor should have scheduled the creditor and that leave was not required given that § 523(a)(3)(B) allowed § 523 claims to be filed at any time if a creditor was not given proper notice of the bankruptcy filing. The court denies the motion with respect to the request to file a § 727 claim because the Bankruptcy Code does not contain a similar provision for those claims. Opinion below.
Attorneys for Debtor: Tucker Legal Services, PC, William J. Tucker, Bradley J. Bucheit
Attorneys for Creditor: Riley Bennett Egloff LLP, Anthony R. Jost, Bryce H. Bennett, Jr.
Author: Matt Lindblom