Weil v. Elliott, No. 16-55359 (9th Cir. 2017)Annotate this Case
The one-year filing deadline imposed by 11 U.S.C. 727(e)(1) was a non-jurisdictional claim-processing rule. Debtor filed a Chapter 7 bankruptcy petition that fraudulently omitted his home, a key asset. Because no one notice, debtor subsequently received a discharge of his debts under 11 U.S.C. 727(a). The panel held that a non-jurisdictional time bar was an affirmative defense that may be forfeited if not timely raised, and debtor forfeited the defense by failing to raise it in the bankruptcy court. On the merits, the bankruptcy court's determination that debtor fraudulently concealed his ownership interest in the home was plainly correct. Therefore, the panel reversed the bankruptcy court's judgment dismissing the trustee's request for relief under section 727(d)(1) and remanded with instructions.