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Jennifer J. Lashley v. Eric J. Lashley (In re Eric J. Lashley), Ch. 7, BK16-40825, A16-4027-SKH (Nov. 21, 2016)

The court denied the debtor's motion to dismiss the creditor's pro se complaint concerning discharge and dischargeability on the basis of timeliness. The creditor's causes of action under 11 U.S.C. §§ 523(a)(5) and (a)(15) could be brought at anytime and were not subject to a deadline. The creditor's §§ 727(a)(2) and (a)(5) allegations, while filed after the Rule 4004 deadline for objecting to discharge, were subject to an extension of time because the complaint suggested "the conduct justifying a denial of discharge has not yet occurred or [the creditor] has not yet learned of sufficient facts to support such a claim."

Monday, November 21, 2016
Judge Shon Hastings