Jack Behrend Bates and Charline Mollie Bates

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: 	JACK BEHREND BATES and 	No. 7-07-11966 ML
CHARLINE MOLLIE BATES,
Debtors.
ORDER GRANTING MOTION TO EXTEND DEADLINE TO FILE
COMPLAINT TO DETERMINE DISCHARGEABILITY OF CERTAIN DEBTS
THIS MATTER is before the Court on the Motion to Extend Deadline to File Complaint
to Determine Dischargeability of Certain Debts (“Motion”) filed by Creditor Dr. Jeurgen
Mueller, by and through his attorneys of record, Scott & Kienzle, P.A. (Paul M. Kienzle III). The
Motion requests a sixty-day extension of the deadline for filing a complaint objecting to the
dischargeability of a particular debt under 11 U.S.C. § 523, until January 28, 2008. The Court
held a final hearing on the Motion on January 10, 2008 and took the matter under advisement.
Upon review of the Motion and the objection filed thereto, and based upon the
representations of counsel for Dr. Mueller at the final hearing regarding what actions he
undertook to investigate the potential causes of action, the Court finds that the Motion should be
granted and will extend the deadline for filing a complaint objecting to the dischargeability of a
particular debt through Friday, January 18, 2008.
Rule 4007(c), Fed.R.Bankr.P. governs the process for obtaining an extension of the time
for filing a complaint to determine the dischargeability of a particular debt in connection with
Chapter 7 bankruptcy cases. 	It provides:
Except as provided in subdivision (d), a complaint to determine the dischargeability of a
debt under § 523(c) shall be filed no later than 60 days after the first date set for the
meeting of creditors under § 341(a). The court shall give all creditors no less than 30
days’ notice of the time so fixed in the manner provided in Rule 2002. On motion of a
party in interest, after hearing on notice, the court may for cause extend the time fixed
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under this subdivision. The motion shall be filed before the time has expired.
Rule 4007(c), Fed.R.Bankr.P.
To obtain an extension of time under Rule 4007(c), the creditor must timely file a request for
extension and show sufficient “cause” to extend the deadline. See In re Stonham, 317 B.R. 544,
547 (Bankr.D.Colo. 2004) (noting that the two requirements for obtaining an extension of time
under Rule 4007(c) are that the request must be made before the expiration of the deadline and
that the deadline may be extended for “cause”). In this bankruptcy case, the date first set for the
meeting of creditors under 11 U.S.C. § 341 was September 25, 2007, and the deadline for filing
complaints to determine the dischargeability of a particular debt was November 26, 2007. The
Motion was filed on November 26, 2007, and was, therefore, timely filed. See In re Woods, 260
B.R. 41, 44 (Bankr.N.D.Fla. 2001) (denying request for extension of time, but acknowledging
that motion for extension of time filed on “the last possible day under the Rule”, the bar date for
filing a dischargeability complaint, was timely filed).
“Cause” for extension of the deadline is not defined, and is, therefore, left to the Court’s
discretion, but “[m]any courts now require the creditor to establish at least a reasonable degree of
due diligence to be accorded the requested extension.” Stonham, 317 B.R. at 547 (citing In re
Nowinski, 291 B.R. 302, 306 (Bankr.S.D.N.Y. 2003) and In re Desiderio, 209 B.R. 342, 345
(Bankr.E.D.Pa. 1997)). Counsel for Dr. Mueller represented to the Court that he has taken steps
since the creditor’s meeting to investigate possible causes of action for non-dischargeability of a
particular debt including requesting and obtaining documentation from the Debtors’ banking
institution, and that he is now prepared to file a complaint objecting to the dischargeability of a
particular debt under 11 U.S.C. § 523. 	Based on this representation, the Court finds that Dr.
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Mueller has exercised a reasonable degree of due diligence in investigating his potential claim,
and that, therefore, sufficient cause exists to extend the deadline for filing such a complaint in
accordance with Rule 4007(c). 	But because a significant period of time (nearly sixty days) has
elapsed since the original deadline for filing complaints to determine the dischargeability of a
particular debt, the Court will only extend the deadline for one week from the date of entry of
this Order.
WHEREFORE, IT IS HEREBY ORDERED that the Motion to extend is GRANTED to
extend the deadline for filing a complaint to determine the dischargeability of a particular debt
through January 18, 2008.
___________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
COPY TO:
R Trey Arvizu, III
Attorney for Debtors
PO Box 1479
Las Cruces, NM 88004-1479
Paul M Kienzle, III
Attorney for Dr. Mueller
PO Box 587
Albuquerque, NM 87103-0587
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