Case Summary:
Creditor filed adversary proceeding objecting to debtor’s discharge after the time specified in bankruptcy rule 4007.  Debtor filed motion to dismiss.  The court concluded that the fact that the court issued an erroneous notice which did not specify a last date to object to discharge and which incorrectly characterized the debtor as a “partnership” necessitated allowance of the complaint.  While a court may not extend the time to object to discharge if the creditor fails to file a motion for extension of time as required by the rule, the court can accept an untimely complaint if it is justified under the circumstances. The only justification is if the court issues an erroneous notice, which happened in this case.

Statue/Rule References:
Fed. R. Bankr. P. 4007(c) -- Time for Filing Nondischargeability Complaint

Key Terms:
Complaints – Nondischargeability – Late - Filed