Boek

MEMORANDUM **

Leticia Boek appeals the Bankruptcy Appellate Panel’s affirmance of the dis *790 missal of her 11 U.S.C. §§ 523 (a)(2) and (a)(4) nondischargeability complaint in bankruptcy proceedings against Paula Guzman. Boek argues that the bankruptcy court improperly dismissed the complaint sua sponte as untimely.

The deadlines established in Federal Rule of Bankruptcy Procedure 4007(c) are not jurisdictional requirements. In re Santos, 112 B.R. 1001, 1008 (B.A.P. 9th Cir.1990). The timeliness of a dischargeability complaint is an affirmative defense that must be raised in an answer or responsive pleading. Id. at 1007 . If the defense is not raised in the answer or responsive pleading, it generally is waived. Id. Although Guzman never affirmatively exercised or waived the defense, she failed to file an answer or responsive pleading at all and thereby waived the timeliness defense.

A court may sua sponte dismiss a complaint as untimely, but only when the defendant has not waived the defense. Levald, Inc. v. City of Palm Desert, 998 F.2d 680 (9th Cir.1993). If the bankruptcy court wishes to give Guzman some relief by allowing her to file an answer, even though she would…