Thomas
Thomas v. Brugh (In re Brugh)
Opinion
Lead Opinion
Peterson, J.
ORDER
In this adversary proceeding, this Court, in an Order dated October 16, 1996, directed the parties to file briefs addressing whether Plaintiff Donald J. Thomas’ (Thomas) complaint was timely filed under F.R.B.P. 4007(c). Both parties have filed briefs and the Court deems the matter ripe for adjudication.
Thomas seeks to except from discharge, pursuant to 11 U.S.C. § 523 (a)(6), an alleged $100,000.00 owing as the result of Thomas’ termination from National City Jeep Eagle. National City Jeep Eagle is an entity owned by Gary Brew Enterprises, Ltd. (GBE), which was owned by Defendants, Gary and Joyce Brugh. Thomas’ employment with GBE was terminated on March 30, 1992. Sometime after Thomas’ termination from GBE, he filed a complaint against GBE for racial discrimination in the United States District Court for the Southern District of California. That complaint was dismissed on June 8,1994, for Thomas’ failure to prosecute the matter with due diligence. Brughs filed a voluntary Chapter 7 petition on January 17, 1995. Thomas was not listed as a creditor in Brughs’ schedules and the deadline for creditors to object to the dischargeability of a claim was April 24,1995. Debtors…