Wunder v. Bortzel (In Re Bortzel)

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

This case presents the issue of whether an unlisted creditor should be granted an extension of time to file a proof of claim and a complaint to determine dischargeability of a debt. For reasons hereinafter given, we find that the creditor is entitled to an extension under the circumstances of this case. 1

The debtor-defendants, John J. Bortzel and Jane S. Bortzel, filed a petition in bankruptcy on May 19,1980. The creditor-plaintiff, Alden D. Wunder, was not listed as a creditor on the schedules filed at that time. He received no notice…