In re Hole

(Bankr. W.D. Ky. Mar. 2, 2018)

The bankruptcy court grants the creditors’ motion for an extension of time to file a non-dischargeability complaint. The motion was filed one day after the deadline for filing such complaints. The court finds that the creditors had been diligent in pursuing their claims, the debtor was not prejudiced by the delay, and the circumstances warranted extending the deadline pursuant to 11 U.S.C. § 105(a). Opinion below.

Judge: Lloyd

Attorney for Debtor: Julie Ann O’Bryan

Attorney for Creditor: Ballard Rogers Law Office, PLLC, B. Ballard Rogers

2018-03-02 – in re hole

Author: Matt Lindblom

In re Sheppard

(6th Cir. B.A.P. July 9, 2015)

The Bankruptcy Appellate Panel for the Sixth Circuit reverses the bankruptcy court’s order denying the creditor’s motion for extension of time to file a complaint to determine the dischargeability of a debt and/or file an objection to the debtor’s discharge. The debtor’s counsel had been working with the creditor’s counsel prior to the bankruptcy filing but failed to notify the creditor’s counsel of the bankruptcy. Instead, the debtor gave notice to the creditor by sending a notice to the creditor’s out-of-state corporate headquarters. The creditor and its counsel had actual notice of the bankruptcy after they filed a complaint against the debtor in state court after the petition was filed and two days before the deadline. The bankruptcy court found that the creditor failed to show sufficient cause justifying an extension. The B.A.P. holds that such motions should be liberally granted when the circumstances merit such a finding, and in this case there was sufficient justification. Opinion below.

2015-07-09 – in re sheppard

Author: Matt Lindblom