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Haertsch v. Moyer (In re Moyer) (Case No. 06-50080; A.P. No. 06-05020) 1/29/2007

A pro se plaintiff moved the Court for a finding that debt owed to him was nondischargeable pursuant to 11 U.S.C. § 523(a)(6), and the debtor filed a motion to dismiss on the ground that plaintiff's complaint was untimely pursuant to Federal Rule of Bankruptcy Procedure 4007.  Rule 4007(c) requires that a complaint under Section 523 “be filed not later than 60 days following the first date set for the meeting of creditors held pursuant to § 341(a).”  The plaintiff filed the objection to discharge in the form of a 1-page letter prior to the bar date.  The plaintiff then filed an "Amended Complaint" which was not docketed until after the bar date.  The debtor argues that the plaintiff's 1-page letter was not a "complaint," and thus, not a pleading under Rule 7007, which would mean that the subsequent "Amended Complaint" was not an "amendment" at all, but an original pleading which was filed after the bar date.  The Court found that the plaintiff's Amended Complaint was not time barred because amendment was not prejudicial to debtor, who was aware of the facts alleged, and because bad faith was not present when the pro se plaintiff amended his complaint to put the case in proper form and substance for adjudication.

Date: 
Monday, January 29, 2007
Category: 
Adversary Proceedings
Dischargeability
Chapter: 
7