(W.D. Ky. Mar. 31, 2016)

The district court affirms the bankruptcy court’s decision to bar the creditor’s nondischargeability claims for being untimely. The bankruptcy notice set forth the applicable bar date for assertion of such claims, based on the first scheduled meeting of creditors. The case was then repeatedly dismissed for failure to file schedules and reinstated on motions of the debtor. While the meeting of creditors was rescheduled and continued, no changes were made to the initial bar date for nondischargeability claims. The court enforces the deadline and declines to exercise its equitable powers under 11 U.S.C. § 105(a) to revoke the discharge. Opinion below.

Judge: Stivers

Attorney for Debtors: Whitford & Neuhauser, Ross B. Neuhauser

Attorney for Creditor: Dinsmore & Shohl LLP, James L. Adams

2016-03-31 – woodson v ausmus