U.S. Postal Service FCU v. Lalangan et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
ROLANDO LALANGAN 	: 	Case No. 08-16298PM
EVANGELINA LALANGAN 	: 	Chapter 7
:
Debtors 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
U.S. POSTAL SERVICE FCU 	:
Plaintiff 	:
vs. 	: 	Adversary No. 08-0709PM
:
ROLANDO LALANGAN 	:
EVANGELINA LALANGAN 	:
Defendants 	:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This bankruptcy case under Chapter 7 was filed on May 6, 2008. The Meeting of
Creditors held pursuant to § 341 of the Bankruptcy Code was concluded on June 12, 2008. On
July 14, 2008, on the Motion of the U.S. Postal Service Federal Credit Union, the court granted
an Order extending the time for filing objections to exemptions and for filing an objection to
Debtors’ discharge to an including September 3, 2008. The Complaint before the court, pleaded
in two counts to dismiss or convert this case and to determine dischargeability of debt, was filed
September 23, 2008. The Complaint is time barred.
The objection to the dischargeability of a debt under Bankruptcy Rule 4007(c) must be
filed no later than 60 days after the first date set for the Meeting of Creditors under § 341(a), or
within an extension procured by motion filed within that time period. While a debtor may forfeit
Date signed November 18, 2008
Entered: November 19, 2008 Case 08-00709 Doc 11 Filed 11/19/08 Page 1 of 2

the benefit of the time limitation, Kontrick v. Ryan, 540 U.S. 443 (2004), all debtor need do is
raise this issue of limitations prior to the court’s reaching the merits of the objection. Debtors
acted timely here and filed a motion to dismiss in lieu of an answer.
While the court extended the time for filing certain complaints to September 3, 2008, in
all events, this Complaint was untimely filed. Likewise, the Complaint to dismiss or convert the
case as an abuse of the provisions of Chapter 7 is similarly untimely. Under Interim Bankruptcy
Rule 1017(e)(1) such a complaint must have been filed within the same period as complaints
objecting to discharge or dischargeability of debts.
An appropriate order will be entered.
cc:
Craig L. Holcomb, Esq., 51 Monroe Street, Suite 1405, Rockville, MD 20850
Stephen Greenfield, Trustee, 7910 Woodmont Avenue, Suite 760, Bethesda, MD 20814
Kasey I. Edwards, Esq., 8201 Corporate Drive, Suite 1140, Landover, MD 20785
Rolando/Evangelina Lalangan, 1123 Bohac Lane, Accokeek, MD 20607
End of Memorandum
Case 08-00709 Doc 11 Filed 11/19/08 Page 2 of 2