Case No. 11-47471.United States Bankruptcy Court, E.D. Michigan, Southern Division.
July 20, 2011
ORDER DECLINING TO ENTER STIPULATED ORDER SETTING ASIDE DISCHARGE OF JOINT DEBTORS, ETC.
THOMAS TUCKER, Bankruptcy Judge
Debtors filed a joint voluntary petition for relief under Chapter 7 on March 19, 2011. The deadline to file a complaint objecting to the Debtors’ discharge was July 11, 2011. On July 12, 2011, the Court granted the joint Debtors a discharge. On July 15, 2011, the Trustee filed a stipulation with the Debtor entitled “Stipulation Setting Aside Discharge of Joint Debtors and Extending Objection to Discharge Bar Date” (Docket # 23). The stipulation stated:
1. The Discharge of Joint Debtors entered on July 12, 2011 is set aside to allow the Trustee additional time to determine the debtors’ financial affairs due to the debtors’ inability to provide additional requested documents related to the debtors’ business and personal assets to the Trustee by the deadline.
2. The deadline to file a complaint objecting to Discharge or to Determine the Dischargeability of Certain Debts is extended to October 1, 2011 as to Trustee Michael A. Stevenson and the United States Trustee.
After filing the Stipulation, the Trustee submitted a proposed order granting this relief.
The Court concludes that the relief in the proposed order is not permitted under 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,
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that party must file a motion or stipulation to extend the deadline before the deadline has expired.
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 extend the deadline for the Trustee to object to Debtors’ discharge was filed before the July 11, 2011 deadline expired. Therefore, the Court may not extend that deadline.
Accordingly,
IT IS ORDERED that the Court declines to enter the proposed order setting aside Debtors’ discharge and extending the deadline for the Trustee to file an objection to Debtors’ discharge.