Motion to Extend 2 11-6-13.pdf
Transcript of Motion to Extend 2 11-6-13.pdf
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Russell D. Garrett, WSBA#18657
Chapter 7 Trustee
1499 SE Tech Center Place, Suite 380
Vancouver, W A 98683
Telephone: (360) 567-3909
Facsimile: (360) 567-3901
Hon. Paul B. Snyder
Chapter: 7
Location: Federal Building, Vancouver, WA
Hearing Date: December 3,2013
Hearing Time: 9:00 amResponse Date: November 26,2013
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UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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MARK A. LEONARD,
Debtor.
No. 13-43836-PBS
OTICE OF HEARING AND MOTION TO
XTEND TIME TO FILE COMPLAINT TO
ETERMINE NONDISCHARGEABILITY
DER 11 U.S.C. S S 523 AND 727
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PLEASE TAKE NOTICE that Russell D. Garrett, duly appointed Chapter 7
Trustee, has filed a Motion for Order to Extend Time to File Complaint to Determine
Nondischargeability Under 11 U.S.c. S 523 andll U.S.C. S 727. The Motion will be
heard on December 3, 2013, at 9:00 a.m. before the Honorable Paul B. Snyder, and the
clerk is requested to note the motion to be heard that day and time.
YOU ARE FURTHER NOTIFIED that if you oppose the motion, you must file
your written response with the Clerk of the Court, serve two copies on the Judge's
chambers, and deliver copies to the undersigned and the United States Trustee's Office
NOT LATER THAN NOVEMBER 26,2013.
Page 1- NOTICE OF HEARING AND MOTION TO EXTEND TIME TO FILE COMPLAINT
TO DETERMINE NONDISCHARGEABILITY UNDER II US.C s s 523 AND 727
JORDAN RAMIS, P.c.
1499 SE Tech Center Place,
Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900
Case 13-43836-PBS Doc 58 Filed 11/05/13 Ent. 11/05/13 17:59:46 Pg. 1 of 4
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IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may in its
own discretion, GRANT THE MOTION PRIOR TO THE HEARING WITHOUT
FURTHER NOTICE and strike the hearing.
NATURE OF THE MOTION
Russell D. Garrett, Trustee, in this matter, moves the Court for an Order
Extending the Deadline for Discharge to Determine Nondischargeability under 11 U.S.C.
S 523 and 11 U.S.c. S 727. This Motion is based upon Fed.R.Bank.P 4004(b) and the
facts alleged herewith.
MOTION
This case was filed by the debtor on June 7, 2013. The debtor filed schedules and
a statement of financial affairs.
Currently, the last day to object to the Debtor's discharge was and is scheduled
for November 6,2013 by order. The reason for the extension of time to file a complaint
for denial of discharge or exception to discharge is that the trustee is still investigating
potential assets of the estate and issues related to the debtor's disclosures in addition to
the pending objection to exemption.
The Trustee requested in open court in October that this order be extended to after
the February hearing. Debtor's counsel consented to an extension on the record. The
Court told all of the parties that the Court would grant the extension and to forward an
order. Since then Mr. Brungardt has not responded to the form of order forwarded to him
by the Trustee, which necessitates this motion.
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Page 2- NOTICE OF HEARING AND MOTION TO EXTEND TIME TO FILE COMPLAINT
TO DETERMINE NONDISCHARGEABILITY UNDER I I U.S.C * * 523 AND 727JORDAN RAM IS, P.c.
1499 SE Tech Center Place,
Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900
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WHEREFORE, the Trustee requests the court extend the discharge deadline 106
days to February 20,2014.
CONCLUSION
For the foregoing reasons, Russell D. Garrett, Chapter 7 Trustee, requests this
Court to extend the time from November 6,2013 to February 20, 2014 for the debtor's
discharge and deadline to file a complaint for denial of discharge or exception to
discharge in order to allow time to determine dischargeability under 11 U.S.C. S 523 and
11 U.S.C. S 727.
DATED this 5th day of November, 2013.
Page 3- NOTICE OF HEARING AND MOTION TO EXTEND TIME TO FILE COMPLAINT
TO DETERMINE NONDlSCHARGEABILlTY UNDER II U.SC 99 523 AND 727
JORDAN RAM IS, P.c.
1499 SE Tech Center Place,
Suite 380
Vancouver, WA 98683
Telephone 360-567-3900
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CERTIFICATE OF SERVICE
I hereby certify that on the 5th day of November, 2013, I caused to be served the
foregoing TRUSTEE'S MOTION TO EXTEND TIME TO FILE COMPLAINT TO
DETERMINE NONDISCHARGEABILITY UNDER 11 U.S.C. S S 523 AND 727 on the
following:
VIA ECF NOTICE:
United States Trustee
Robert C. Brungardt
Debtor's Attorney
JORDAN RAMIS, P.e.
1499 SE Tech Center Place, Suite 380
Vancouver, WA 98683
Telephone: 360-567-3900
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10In re
UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
No. 13-43836-PBS
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MARK A. LEONARD,
Debtor.
[PROPOSED] ORDER GRANTING
TRUSTEE'S MOTION TO EXTEND
TIME TO FILE COMPLAINT TO
DETERMINE
NONDISCHARGEABILITY UNDER
11 U.S.C. S S 523 AND 727
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THIS MATTER came on before the Court on the Motion of the Chapter 7 Trustee for an
Order Extending Time to File Complaint to Determine Nondischargeability Under 11 U.S.C. S S
523 and 727. The Court having reviewed the Trustee's Motion, finding good cause, there having
been no objection filed to the motion, and the Court being fully advised in the premises;
NOW, THEREFORE, IT IS HEREBY ORDERED that the deadline for filing objections
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Page 1 - [PROPOSED] ORDER GRANTING TRUSTEE'S MOTION
TO EXTEND TIME TO FILE COMPLAINT TO
DETERMINE NONDISCHARGEABILITY UNDER
I I U.S.c. 99523 AND 727
JORDAN RAMIS PC1499 SE Tech Center Place
Suite 380Vancouver, WA 98683
Telephone: 360-567-3900 Fax: 360-567-3901
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to discharge under 11 U.S.c. S 727 and exceptions to discharge pursuant to 1 1 U.S.C. S 523 are
hereby extended to and including February 20, 2014.
///End ofOrder///
Presented by:
Russell D. Garrett, WSB #18657
7 Chapter 7 Trustee
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Page 2 - [PROPOSED] ORDER GRANTING TRUSTEE'S MOTIONTO EXTEND TIME TO FILE COMPLAINT TO
DETERMINE NONDISCHARGEABILITY UNDER
I I U.S.c. 9 9 523 AND 727
JORDAN RAMIS PC1499 SE Tech Center Place
Suite 380Vancouver, WA 98683
Telephone: 360-567-3900 Fax: 360-567-3901
Case 13-43836-PBS Doc 58-1 Filed 11/05/13 Ent 11/05/13 17:59:46 Pg 2 of 2