Lopez v. Donaldson (In Re Lopez)

OPINION AND ORDER VACATING ORDER OF BANKRUPTCY COURT

LAWSON, District Judge.

The debtor, Frank Lopez, appeals from the order of the bankruptcy court extending a summons and allowing Sandra Donaldson, the plaintiff in an adversary proceeding contesting the dischargeability of a debt, additional time to effectuate service of her complaint. The bankruptcy judge held that a showing of good cause is not required by Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 to extend Rule 4(m)’s 120-day deadline for service and that circumstances favored the extension. This…