- No. 11-16612; 2013 WL 645744
- The Bankruptcy Court lacks jurisdiction to grant an equitable exception to the deadline imposed by Fed. R. Bankr. P. 4007(c). Neither the local rules of a district nor the model rules of bankruptcy procedure can be relied on to create an exception to the deadline imposed by Fed. R. Bankr. P. 4007(c).
- Procedural context:
- The Bankruptcy Court granted motions to dismiss non-dischargeability complaints pursuant to 11 U.S.C. 523(a) against Debtors because the complaints were not timely filed. The District Court affirmed.
- Debtors, D. Lee Johnson and David Vergeyle, were the CFO and CEO, respectively, of the now-bankrupt Xperex corporation. Plaintiffs, Amina Anwar and David C. McClanahan, were former employees of Xperex. The Plaintiffs timely sought and were granted an extension until APril 13, 2010 to file complaints to determine discharageability against the Debtors. Due to computer problems experienced by counsel for the Plaintiffs, non-dischargeability complaints were not successfully filed until 12:26 a.m. on April 14, 2010 in Johnson's case and 12:38 a.m. on April 14, 2010 in Vergeyle's case. The Debtors moved to dismiss the non-dischargeability complaints for failure to timely file pursuant to FRBP 4007(c).
- Farris, Thomas, and Smith
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