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LAWDOG BANKRUPTCY: KEY DATES & TIMES
ADVERSARY ACTION TO DETERMINE DISCHARGEABILITY OF DEBT: If deadline is missed, a creditor's right to pursue an action to determine the dischargeability of a claim may be barred forever. Consult legal counsel immediately when advised of a bankruptcy filing.
Chapters 7, 11 & 12
Chapter 13
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Under Bankruptcy Rules Rule 4007(a), a creditor may seek a determination of the dischargeability of a debt within the following time limitation:
"A complaint to determine the dischargeability of any debt pursuant to s523(c) of the Code shall be filed not later than 60 days following the first date set for meeting of creditors held pursuant to s341(a). The court shall give all creditors not less than 30 days notice of the time so fixed in the manner provided in Rule 2002. On motion of any party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be made before the time expired."
In a Chapter 13 case, a creditor may seek a determination of the dischargeability of a debt pursuant to the time set forth in Bankruptcy Rules Rule 4007(d):
"On motion by a debtor for a discharge under s1328(b), the court shall enter an order fixing a time for the filing of a complaint to determine the dischargeability of any debt pursuant to s523(c) and shall give not less than 30 days notice of the time fixed to all creditors in the manner provided in Rule 2002. On motion of any party in interest after hearing on notice the court may for cause extend the time fixed under this subdivision. The motion shall be made before the time has expired."
Portions of Section 523 of Title 11 of the United States Code, and Bankruptcy Rules Rule 4007 are included below for illustration purposes only.
