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In re Hunley (Case No. 16-71153) 3/15/2017

Notice of Objection to Claim on the deadline to object to discharge under Section 523 rather than initiating an adversary proceeding by filing a dischargeability complaint in accordance with Rule 7001(6).  The Creditor then sought to have the court construe the Motion for Relief as an "informal proof of claim" and to allow the creditor to file a dischargeability complaint that related back to the date of the Motion for Relief.  The Court denied the request on the grounds that the Motion for Relief did not allege any grounds upon which the debt was dischargeable, it did not ask the Court to determine the dischargeability of the debt, and it did not contain a request to extend the deadline by which to file a dischargeability complaint.  Accordingly, the Court denied the Motion for Relief and dismissed the Notice of Objection to Claim.

Wednesday, March 15, 2017
Adversary Proceedings
Automatic Stay
Claim Objections