Case Summary:
This court received a complaint objecting to the dischargeability of a debt on the last day to file such complaints. The filing fee accompanying the Complaint was paid by the Creditor’s personal check. Court staff returned the complaint and filing fee to the creditor under the belief that the fee could not be paid by personal check. However, only personal checks of debtors cannot be accepted. By the time the creditor re-submitted his complaint and filing fee, it was 10 days past the deadline for filing and the Debtor objected to the complaint as untimely. The Court found for the Creditor, holding that there is no authority for disallowing personal checks of non-debtors, therefore, the filing fee and the Complaint should have been accepted by the Court. The Creditor met the requirements for timely filing, and the Complaint was allowed.

Statute/Rule References:
Fed. R. Bankr. P. 4007(c) -- Time for Filing Nondischargeability Complaint
Fed. R. Civ. P. 5 -- Serving and Filing Pleadings and Other Papers

Key Terms:
Filing Fee