Dwyer v. Peebles (In Re Peebles)

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS COMPLAINT

CAROL J. KENNER, Bankruptcy Judge.

The motion before me raises two issues related to the statute of limitations in 11 U.S.C. § 727(e)(2) for complaints (under § 727(d)(2)) to revoke a discharge for knowingly and fraudulently failing to disclose an asset: (1) whether a case is properly “closed” within the meaning of § 727(e)(2)(B) — and the bar date thereby triggered — where, for failure of the Debtor to disclose them, the undisclosed assets remained unadministered upon closing of the ease; and, if so, (2) whether the…