In re Donnan (11-31083)

The creditor filed a motion to extend the deadline to file a complaint objecting to the dischargeability of debt after the deadline for filing such complaint had expired. The creditor had received the notice from the court which contained the deadline to file complains but failed to do so. The creditor asked that the deadline be equitably tolled because, the creditor alleged, he missed the deadline because he allowed the debtor to induce him to take no action in the bankruptcy case. The court denied the request for equitable relief, finding that there had been no deception or act of fraud about the dischargeability objection deadline by the debtor in his communications with the creditor.

Wednesday, February 15, 2012