Amina Anwar v. D. Johnson
720 F.3d 1183
| 9th Cir. | 2013Background
- Debtors Johnson and Vergeyle filed Chapter 7; creditors (including former employee Amina Anwar) received notice of the §341 meeting dates and the FRBP 4007(c) nondischargeability complaint deadlines.
- Anwar successfully obtained a pre-deadline extension of the FRBP 4007(c) deadline to April 13, 2010.
- On April 13, Anwar’s counsel opened adversary dockets late in the evening but due to technical problems converting/filing PDFs, the complaints were filed at 12:26 a.m. and 12:38 a.m. on April 14 (after the midnight deadline).
- Debtors moved to dismiss as untimely; the bankruptcy court granted the motion, concluding it lacked authority to grant a retroactive extension under FRBP 4007(c) and 9006(b)(3); the district court affirmed.
- Issue on appeal: whether the Bankruptcy Rules permit a bankruptcy court to grant a retroactive extension of FRBP 4007(c)’s deadline for nondischargeability complaints when late filing resulted from an attorney’s electronic-filing technical difficulties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bankruptcy courts may grant retroactive extensions of the FRBP 4007(c) 60-day deadline | Anwar: court should allow relief for harmless, short delay caused by electronic-filing technical problems or local rule permitting relief for technical failures | Debtors: FRBP 4007(c) and FRBP 9006(b)(3) bar retroactive extensions; local rules cannot override federal rules | Held: No retroactive extensions permitted; dismissal affirmed |
Key Cases Cited
- In re Kennerley, 995 F.2d 145 (9th Cir.) (FRBP 4007(c) 60-day limit is strict and cannot be extended retroactively)
- In re Anwiler, 958 F.2d 925 (9th Cir.) (limits on equitable relief and §105 powers in bankruptcy)
- In re Marino, 37 F.3d 1354 (9th Cir.) (treatment of FRBP 4007(c) deadline as strict)
- In re Gordon, 988 F.2d 1000 (9th Cir.) (denying equitable relief for late §523 complaint filed after deadline)
- In re Bucknum, 951 F.2d 204 (9th Cir.) (same: late filing not excused even if short delay)
- Norwest Bank Worthington v. Ahlers, 485 U.S. 197 (1988) (bankruptcy equitable powers under §105 are confined by the Bankruptcy Code)
- Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147 (1984) (lack of prejudice is not alone a basis to invoke equitable exceptions to procedural rules)
- In re Coastal Alaska Lines, Inc., 920 F.2d 1428 (9th Cir.) (bankruptcy courts may not use §105 to enlarge deadlines limited by rules)
- Kontrick v. Ryan, 540 U.S. 443 (2004) (declining to decide whether equitable exceptions to FRBP 4007(c) exist and noting a circuit split)