Bankr. L. Rep. P 75,210 in Re Richard Joseph Gordon, Debtor. Thomas Kelly Thomas Courson William Schlueter v. Richard Joseph Gordon

From when does the 60-day period in Bankruptcy Rule 4007(c) run?

Background

On January 30, 1990, debtor petitioned for Chapter 7 relief, listing a $3,300,000 judgment owing to the plaintiffs in this case. On February 7,1990, the bankruptcy court set the first meeting of creditors for March 9, 1990. This order also fixed May 8, 1990, “as the last day for filing complaints, as provided in 11 U.S.C. Section 523(c), to determine the dischargeability of debts claimed to be nondischargeable.” Plaintiffs’ California counsel was not immediately notified that the petition had been filed, but the record reflects they knew by March 12,1990, early enough to have counsel present at the first meeting of creditors which, after a continuance, was held on March 30, 1990. Plaintiffs filed their non-dischargeability complaint on May 10,1990, two days after the deadline fixed by Bankruptcy Rule 4007(c). The complaint was dismissed as untimely because the period for filing had run, and plaintiffs had not filed a motion for extension of time. Plaintiffs now seek to set aside that dismissal.

Discussion

A. Bankruptcy Rule 4007(c) provides in pertinent part: “A complaint to determine the…