Be Careful with Unapproved Stipulations re the Chapter 7 Discharge

The BAP has ruled in the unpublished case of RAED YAHIA ALAZZEH, filed April 11, 2014, that an agreement between the parties to extend the deadline to file a complaint seeking to deny the discharge under Section 727 does not extend the deadline unless it is approved by the Court.   FRBP 4004(b) provides that the deadline can be extended by the Court for cause.  Since the court did not extend the deadline, the complaint was late and dismissed (more than a year later!) even though it was filed within the extension time (which was only a week).

Leave a Reply


4 − = one