Stuart v. Mendenhall (In Re Mendenhall)

Stan Stuart appeals the dismissal of his adversary complaint to determine the dis-chargeability of a debt in a Chapter 7 bankruptcy proceeding. The bankruptcy court dismissed Stuart’s complaint as untimely, and the district court affirmed. After a review of the record and the briefs of the parties, we affirm.

I

In 2005, Stuart, the appellant here, filed suit against Linda Ann Mendenhall, debtor in the bankruptcy proceeding from which this appeal arises, in New York state court alleging, among other things, legal malpractice and fraud. According to Stuart, he had established liability on the…