In re Arno Arutyunyan

Case Type:
Consumer
Case Status:
Affirmed
Citation:
BAP No. CC-20-1006-GFL (9th Circuit, Feb 26,2021) Not Published
Tag(s):
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) granting chapter 7 debtor's motion to dismiss with prejudice as untimely (FRBP 4007(c)) creditor's 11 USC 523(a)(2), (4), and (6) complaint to except debt from discharge. Creditor filed suit seven days after deadline. Notwithstanding creditor signing and dating complaint on deadline and attempts to file complaint on deadline, creditor failed to file motion to extend by deadline. Bankruptcy court had no discretion to retroactively extend deadline.
Procedural context:
Creditor filed adversary to except debt from discharge under 11 USC 523. Bankruptcy court (CD Cal.) granted debtor's motion to dismiss complaint. Creditor appealed to BAP for 9th Cir.
Facts:
Debtor filed his chapter 7 petition on June 3, 2019. He listed creditor Janamian on Schedule E/F as a creditor with an unsecured claim of $104,577. All creditors, including Janamian, received notice from the court that the deadline for filing a nondischargeability complaint was September 6, 2019. On September 13, 2019, Janamian filed his adversary complaint seeking to except his debt from discharge under § 523(a)(2), (4) and (6). The complaint was signed and dated by Janamian on September 6, 2019. Janamian filed declaration of process server that server received complaint from Janamian on September 6, 2019 and unsuccessfully attempted to “fax file” it with the court. On September 9, 2019, he submitted the complaint to One Legal, an electronic filing service, for filing with the court. Process server then contacted One Legal on September 11, 2019 and was told that the complaint was rejected because the court needed the “original paperwork.” On September 12, 2019, he tried to file the complaint at the bankruptcy court but was told he needed to file the complaint with the “original wet signature.” Finally, he obtained the original complaint and filed it on September 13, 2019.
Judge(s):
Gan, Faris, Lafferty

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