Gatchell v. Kise (In Re Kise)

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The issue presented for decision by the debtor-defendant’s motion to dismiss this adversary proceeding is whether plaintiff’s § 523 complaint is untimely since it was not filed within sixty (60) days following the initial § 341 meeting scheduled by the Clerk. We hold that the complaint is untimely according to our interpretation of Bankruptcy Rule 4007(c). We, therefore, dismiss the complaint with prejudice.

The facts are not in dispute. Defendant, James Allen Kise, filed a voluntary chapter 7 petition on May 22, 1986. The Clerk noticed…