Question about Amendments to List of Creditors
The Court is the U.S. Bankruptcy Court
, District of New Jersey.
The bankruptcy judge issued an Order Respecting Amendment to Schedule F and List of Creditors. This Order provides a deadline for a creditor to file a complaint objecting to discharge (60-days).
Can this Order Respecting Amendment later be used as a valid defense to a future creditor’s complaint objecting to discharge?
Defendant filed for Chapter 7
Bankruptcy without having listed his former spouse as one of his creditors.
Defendant’s former Spouse attended the first meeting of the Creditors with her own bankruptcy attorney.Trustee
orders defendant to add former Spouse to his petition
, which Defendant does immediately.
Bankruptcy Judge issues Order Respecting Amendment to Schedule F and List of Creditors
In this order it states “that added creditors have sixty (60) days from the date of this Order, or until the date specified in the Notice
of Chapter 7 Bankruptcy Case, Meeting of Creditors
& Deadlines, whichever is later to:
• file a proof of claim
, if the case is an asset case.
• file a complaint objecting to discharge under Bankruptcy Code
§727(a) or to determine dischargeability of its debt under Bankruptcy Code §523(c), if the debtor is an individual; and it is further Ordered that the debtor(s) shall serve on added creditors, by mailing within 14 days of the date of this order:
1) A copy of this Order, and
2) A notice advising such creditors of the following:
• the date of the filing of the petition for relief;
• the date of the first meeting of creditors:
• the date within which a Proof of Claim must be filed, if an asset case; a notification that a claim need not be filed, if a no-asset case;
• if the debtor is an individual, the date within which a complaint objecting to discharge/dischargeability must be filed; and
• that the debtor(s) may be examined by subpoena pursuant to D.N.J. LBR 2004-1; and it is further ORDERED that within 14 days of the date of this order, the debtor(s) shall file an affidavit certifying compliance with the above, to which shall be attached a true copy the notice required by the preceding paragraphs.
Seven (7) months later the former spouse files a Complaint to Determine Dischargeability of Debts Arising From Divorce Proceeding in the bankruptcy court.
QUESTION: Is the Judge’s Order Respecting the Amendment (which clearly stipulates that complaints objecting to discharge must be filed in 60-days) a valid defense for the defendant in this case and how should he present this argument?
Additionally, the former spouse is claiming that all debts are non-dischargeable according to §523(a)5 and/or §523(a)15 and that their complaint is not time barred by any previous order or by the Notification of Filing Chapter 7 Petition.