In re Bryan (Chapter 7, Case No. 10-31383, Adv. No. 10-03059)

The debtor filed a motion to dismiss the plaintiff's complaint to dischargeability because the complaint was filed after the bar date. The plaintiff was not initially listed on the bankruptcy schedules and first knew about the bankruptcy just four days prior to the bar date under Rule 4007(c). The court held that equitable tolling and 11 USC ยง 523(a)(3)(B) allowed the plaintiff's motion to extend the bar date so that the plaintiff's complaint would be deemed to have been timely filed.

Wednesday, May 4, 2011