Legal Opinion

N.V.E., Inc. v. Palmeroni (In re Palmeroni)

United States Bankruptcy Court, M.D. Pennsylvania

Decided July 24, 2017No. BANKRUPTCY NO.: 5-16-bk-03073-JJTPublished

1Opinion of the Court

OPINION

John J. Thomas, Bankruptcy Judge

A creditor, N.V.E., Inc., has filed a Motion (Doc. # 64) seeking to amend its earlier Objection to Debtor’s Chapter 13 Plan *145(Doc. # 24) to be a complaint objecting to dischargeability. While not specifically articulated in the Motion, the apparent reason for this request is that the deadline to file a complaint objecting to dischargeability has lapsed, but the earlier plan objection was filed before that lapse.

A hearing was set on NVE’s Motion and multiple briefs have been filed from both Movant and Debtor vigorously arguing their respective positions.…

2Cases cited5 opinions

Kontrick v. RyanSupreme Court of the United States · 2004
In Re H. Frank Dominguez, Debtor. H. Frank Dominguez v. David D. Miller Denyse M. MillerCourt of Appeals for the Ninth Circuit · 1995
In Re MarinoCourt of Appeals for the Ninth Circuit · 1994
In the Matter of Don Edward McGUIRT, Debtor. Charles B. COVERT, Appellant, v. Don Edward McGUIRT, AppelleeCourt of Appeals for the Fifth Circuit · 1989
WILKERSON FUEL, INC. v. ElliottDistrict Court, D. South Carolina · 2009