Legal Opinion
Cyrnek v. Oliva (In re Oliva)
United States Bankruptcy Court, N.D. Illinois
Decided October 23, 2018No. Bankruptcy No. 17 B 36365; Adversary No. 18 A 00189PublishedCited by 3 opinions
1Opinion of the Court
Donald R. Cassling, United States Bankruptcy Judge
A Chapter 7 trustee lacks standing to prosecute a complaint under 11 U.S.C. § 523 objecting to the discharge of debts owed to creditors. Does that trustee nevertheless have the authority to bring a motion to extend the time for those creditors to file their own § 523 complaints? The Fourth Circuit says no, the Sixth Circuit says yes, and the Seventh Circuit has yet to opine on the issue. This Court is persuaded that the Sixth Circuit's view is the better reasoned of the two because it acknowledges the plain language of the applicable…
2Cases cited32 opinions
- Kontrick v. RyanSupreme Court of the United States · 2004
- Ratzlaf v. United StatesSupreme Court of the United States · 1994
- Pavelic & LeFlore v. Marvel Entertainment Group, Div. of Cadence Industries Corp.Supreme Court of the United States · 1990
- Kasten v. Saint-Gobain Performance Plastics Corp.Supreme Court of the United States · 2011
- In Re: James A. Brady, Debtor. James A. Brady v. Donald T. McAllisterCourt of Appeals for the Sixth Circuit · 1997
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3Cited by3 opinions
- CR ADVENTURES LLC d/b/a CR-FARMS v. HughesUnited States Bankruptcy Court, N.D. Illinois · 2019
- In re: Albirio D. Mirabal and Teri L. Mirabal, Debtors; Hank Vigil and Margaret Vigil, Plaintiffs, v. Albirio D. Mirabal and Teri L. Mirabal, Defendants.United States Bankruptcy Court, D. New Mexico · 2026
- In re: Igor LiokumovichUnited States Bankruptcy Court, N.D. Illinois · 2026