In Re Todd

OPINION GRANTING ADDITIONAL TIME TO FILE NON-DISCHARGE-ABILITY COMPLAINT

RANDOLPH J. HAINES, Bankruptcy Judge.

This case raises two issues: Is notice to the attorney who obtained a state court judgment for a creditor, but who has not appeared in the bankruptcy case, sufficient notice of the deadline to file a nondis-chargeability action? What kind of evidence is required to rebut the presumption of receipt that is created by the mailbox rule? Based on the undisputed facts presented, the Court concludes that the presumption of receipt has been rebutted, so the creditor’s motion for additional…