The Defendant moved to dismiss an adversary proceeding to revoke his discharge that was filed by the United States Trustee a year and a day after the entry of the Defendant's discharge. Defendant argued that complaints filed pursuant to 11 U.S.C. § 727(d)(1) must be filed within the one-year time period allowed by 11 U.S.C. § 727(e)(1). HELD: the Complaint was timely as the one-year period was extended by Fed. Rule of Bankruptcy Pro. 9006(a) to the next business day after the end of the one-year period--a Sunday.
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Entered:
2005-04-22
Case:
03-31268
Judge:
Paul Mannes