Hathorn, et al v. Petty, No. 13-6002 (8th Cir. 2013)
Annotate this CaseThis was an appeal of the bankruptcy court's order granting debtor's motion to dismiss an adversary proceeding as untimely. Prior to debtor's bankruptcy filing, plaintiffs filed a complaint against debtor asserting various state law claims including intentional torts. The Bankruptcy Appellate Panel (BAP) concluded that since there was no deadline to file a complaint under 11 U.S.C. 523(a)(3)(B), plaintiffs had the right to proceed with their complaint to try to prove that they held a debt of a kind described in section 523(a)(6). Therefore, the BAP reversed the bankruptcy court's order granting the motion to dismiss.
Court Description: Bankruptcy Appellate Panel. Since there is no deadline for filing a complaint under 11 U.S.C. Sec. 523(a)(3)(B), the Hawthorns have the right to proceed with their complaint to try and prove that they hold a debt of the kind described in Sec. 523(a)(6); order dismissing complaint as untimely reversed, and the matter remanded for further proceedings. [ May 07, 2013
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