In re Patel (Ch. 7 Case No. 05-40341, Adv. No. 05-04273)

Plaintiff's counsel filed a complaint to determine the dischargeability of a debt two days after the deadline provided by Bankruptcy Rule 4007(c). Plaintiff's counsel contended that his failure to timely file the complaint was excusable neglect. The court held that Bankruptcy Rules 4007(c) and 9006(b)(3) do not authorize the court to extend the deadline for excusable neglect. The court held that Plaintiff's untimely complaint must be dismissed.

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Date: 
Friday, September 16, 2005