Ohio Farmers Insurance v. Leet (In Re Leet)

OPINION

COOK, Bankruptcy Judge.

This is an appeal by Daniel Leet, the Debtor, from an interlocutory order of the bankruptcy court permitting two creditors, Ohio Farmers Insurance Company and Daniel Barnes (“Creditors”), to proceed with their complaint to determine dis-chargeability under 11 U.S.C. § 523 despite the fact that the complaint was filed two days late. The bankruptcy court invoked 11 U.S.C. § 105(a) and its equitable powers to extend the deadline by two days, finding that the Creditors’ attorney in Cleveland, Ohio, had mailed the complaint by regular mail to the bankruptcy court…