Amina Anwar v. D. Johnson

MEMORANDUM

Amina Anwar and David C. McClanahan (collectively, “Anwar”) appeal from the district court’s judgment affirming the dismissal of their complaints challenging the dischargeability in bankruptcy of debts owed to them by D. Lee Johnson and David Vergeyle. We have jurisdiction under 28 U.S.C. §§ 158 (d) and 1291, and we affirm.

I

The bankruptcy court correctly held that it lacked discretion to grant an equitable exception to the deadline set for filing nondischargeability complaints in Federal Rule of Bankruptcy Procedure (“FRBP”) 4007(c). Consistent with the plain language of that rule, as well as FRBP 9006(b)(3)’s specific instruction that bankruptcy courts may only extend the deadline as Rule 4007(c) itself permits, we have repeatedly held that the deadline for filing nondischargeability complaints is “strict” and “cannot be extended unless a motion is made before the 60-day limit expires.” Allred v. Kennerley (In re Kennerley), 995 F.2d 145, 146 (9th Cir.1993) (citing Anwiler v. Patchett (In re Anwiler), 958 F.2d 925, 927 (9th Cir.1992)); see also, e.g., Classic Auto Refinishing, Inc. v. Marino (In re Marino), 37 F.3d 1354, 1358 (9th Cir.1994); Jones v. Hill (In re…