Case No. 10-48427.United States Bankruptcy Court, E.D. Michigan, Southern Division.
September 16, 2010
ORDER DECLINING TO ENTER PROPOSED ORDER FURTHER EXTENDING THE TRUSTEE’S DEADLINE TO FILE AN OBJECTION TO DEBTOR’S DISCHARGE
THOMAS TUCKER, Bankruptcy Judge
Debtor filed a voluntary petition for relief under Chapter 7 on March 17, 2010. The initial deadline to file a complaint objecting to the Debtor’s discharge was June 25, 2010.
On that date, the Court entered a stipulated order (Docket # 22), which granted the Trustee an extension of time until August 15, 2010 to file an objection to Debtor’s discharge.
On September 14, 2010, a month after the deadline to object to Debtor’s discharge expired, the Chapter 7 Trustee filed a stipulation signed by himself and the Debtor entitled “Stipulation to Extend Time for Trustee to Object to the Debtor’s Discharge” (Docket # 23). The stipulation stated: “IT IS HEREBY STIPULATED AND AGREED that the Court may enter the Proposed Order attached hereto as Exhibit A extending the Trustee’s time to file an objection to the Debtor’s Discharge to November 15, 2010.” (Emphasis deleted). After filing the Stipulation, the Trustee submitted a proposed order granting this relief.
The Court concludes that the relief in the proposed order is precluded by the Federal Rules of Bankruptcy Procedure. Therefore, the Court must decline to enter the proposed order.
In order for the Court to extend the time for any party to object to a debtor’s discharge, that party must file a motion or stipulation to extend the deadline before the deadline has expired.
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Fed.R.Bankr.P. 4004(a) fixes the time for filing a complaint objecting to a debtor’s discharge. Fed.R.Bankr.P. 4004(b) provides: “On motion of any party in interest, after hearing on notice, the court may for cause extend the time to file a complaint objecting to discharge. The motion shall be filed before the time has expired.” Fed.R.Bankr.P. 9006(b)(3), provides, in relevant part, that “[t]he court may enlarge the time for taking action under Rule[] . . . 4004(a) . . . only to the extent and under the conditions stated in [that rule].”
No motion or stipulation to further extend the deadline for the Trustee to object to Debtor’s discharge was filed before the August 15, 2010 deadline expire. Therefore, the Court may not extend that deadline.
Accordingly,
IT IS ORDERED that the Court declines to enter the proposed order further extending the deadline for the Trustee to file an objection to Debtor’s discharge.
Signed on September 16, 2010