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In re Pericles S. Couchell

19 B 7328
Adversary plaintiff filed his complaint objecting to discharge and dischargeability 19 minutes after the deadline expired.  He asked the court to excuse the late filing.  Held: the excusable neglect standard of Fed. R. Bankr. P. 9006(b)(1) does not apply to complaints brought under §§ 523 and 727.  Defendant did not satisfy the requirements for the defense of equitable tolling, so the court could not excuse the late filing.

Date: 
Tuesday, March 31, 2020