motion to extend 2 11-6-13.pdf

8/14/2019 Motion to Extend 2 11-6-13.pdf

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Russell D. Garrett, WSBA#18657

Chapter 7 Trustee

1499 SE Tech Center Place, Suite 380

Vancouver, W A 98683

Telephone: (360) 567-3909

Facsimile: (360) 567-3901

Hon. Paul B. Snyder

Chapter: 7

Location: Federal Building, Vancouver, WA

Hearing Date: December 3,2013

Hearing Time: 9:00 amResponse Date: November 26,2013

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UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

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MARK A. LEONARD,

Debtor.

No. 13-43836-PBS

OTICE OF HEARING AND MOTION TO

XTEND TIME TO FILE COMPLAINT TO

ETERMINE NONDISCHARGEABILITY

DER 11 U.S.C. S S 523 AND 727

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PLEASE TAKE NOTICE that Russell D. Garrett, duly appointed Chapter 7

Trustee, has filed a Motion for Order to Extend Time to File Complaint to Determine

Nondischargeability Under 11 U.S.c. S 523 andll U.S.C. S 727. The Motion will be

heard on December 3, 2013, at 9:00 a.m. before the Honorable Paul B. Snyder, and the

clerk is requested to note the motion to be heard that day and time.

YOU ARE FURTHER NOTIFIED that if you oppose the motion, you must file

your written response with the Clerk of the Court, serve two copies on the Judge's

chambers, and deliver copies to the undersigned and the United States Trustee's Office

NOT LATER THAN NOVEMBER 26,2013.

Page 1- NOTICE OF HEARING AND MOTION TO EXTEND TIME TO FILE COMPLAINT

TO DETERMINE NONDISCHARGEABILITY UNDER II US.C s s 523 AND 727

JORDAN RAMIS, P.c.

1499 SE Tech Center Place,

Suite 380

Vancouver, WA 98683

Telephone: 360-567-3900

Case 13-43836-PBS Doc 58 Filed 11/05/13 Ent. 11/05/13 17:59:46 Pg. 1 of 4


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IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may in its

own discretion, GRANT THE MOTION PRIOR TO THE HEARING WITHOUT

FURTHER NOTICE and strike the hearing.

NATURE OF THE MOTION

Russell D. Garrett, Trustee, in this matter, moves the Court for an Order

Extending the Deadline for Discharge to Determine Nondischargeability under 11 U.S.C.

S 523 and 11 U.S.c. S 727. This Motion is based upon Fed.R.Bank.P 4004(b) and the

facts alleged herewith.

MOTION

This case was filed by the debtor on June 7, 2013. The debtor filed schedules and

a statement of financial affairs.

Currently, the last day to object to the Debtor's discharge was and is scheduled

for November 6,2013 by order. The reason for the extension of time to file a complaint

for denial of discharge or exception to discharge is that the trustee is still investigating

potential assets of the estate and issues related to the debtor's disclosures in addition to

the pending objection to exemption.

The Trustee requested in open court in October that this order be extended to after

the February hearing. Debtor's counsel consented to an extension on the record. The

Court told all of the parties that the Court would grant the extension and to forward an

order. Since then Mr. Brungardt has not responded to the form of order forwarded to him

by the Trustee, which necessitates this motion.

III


TO DETERMINE NONDISCHARGEABILITY UNDER I I U.S.C * * 523 AND 727JORDAN RAM IS, P.c.


Suite 380

Vancouver, WA 98683

Telephone: 360-567-3900



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WHEREFORE, the Trustee requests the court extend the discharge deadline 106

days to February 20,2014.

CONCLUSION

For the foregoing reasons, Russell D. Garrett, Chapter 7 Trustee, requests this

Court to extend the time from November 6,2013 to February 20, 2014 for the debtor's

discharge and deadline to file a complaint for denial of discharge or exception to

discharge in order to allow time to determine dischargeability under 11 U.S.C. S 523 and

11 U.S.C. S 727.

DATED this 5th day of November, 2013.


TO DETERMINE NONDlSCHARGEABILlTY UNDER II U.SC 99 523 AND 727

JORDAN RAM IS, P.c.


Suite 380

Vancouver, WA 98683

Telephone 360-567-3900



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CERTIFICATE OF SERVICE

I hereby certify that on the 5th day of November, 2013, I caused to be served the

foregoing TRUSTEE'S MOTION TO EXTEND TIME TO FILE COMPLAINT TO

DETERMINE NONDISCHARGEABILITY UNDER 11 U.S.C. S S 523 AND 727 on the

following:

VIA ECF NOTICE:

United States Trustee

[email protected]

Robert C. Brungardt

[email protected]

Debtor's Attorney

JORDAN RAMIS, P.e.

1499 SE Tech Center Place, Suite 380

Vancouver, WA 98683

Telephone: 360-567-3900

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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10In re

UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

No. 13-43836-PBS

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MARK A. LEONARD,

Debtor.

[PROPOSED] ORDER GRANTING

TRUSTEE'S MOTION TO EXTEND

TIME TO FILE COMPLAINT TO

DETERMINE

NONDISCHARGEABILITY UNDER

11 U.S.C. S S 523 AND 727

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THIS MATTER came on before the Court on the Motion of the Chapter 7 Trustee for an

Order Extending Time to File Complaint to Determine Nondischargeability Under 11 U.S.C. S S

523 and 727. The Court having reviewed the Trustee's Motion, finding good cause, there having

been no objection filed to the motion, and the Court being fully advised in the premises;

NOW, THEREFORE, IT IS HEREBY ORDERED that the deadline for filing objections

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III

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Page 1 - [PROPOSED] ORDER GRANTING TRUSTEE'S MOTION

TO EXTEND TIME TO FILE COMPLAINT TO

DETERMINE NONDISCHARGEABILITY UNDER

I I U.S.c. 99523 AND 727

JORDAN RAMIS PC1499 SE Tech Center Place

Suite 380Vancouver, WA 98683

Telephone: 360-567-3900 Fax: 360-567-3901

Case 13-43836-PBS Doc 58-1 Filed 11/05/13 Ent. 11/05/13 17:59:46 Pg. 1 of 2


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to discharge under 11 U.S.c. S 727 and exceptions to discharge pursuant to 1 1 U.S.C. S 523 are

hereby extended to and including February 20, 2014.

///End ofOrder///

Presented by:

Russell D. Garrett, WSB #18657

7 Chapter 7 Trustee

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Page 2 - [PROPOSED] ORDER GRANTING TRUSTEE'S MOTIONTO EXTEND TIME TO FILE COMPLAINT TO

DETERMINE NONDISCHARGEABILITY UNDER

I I U.S.c. 9 9 523 AND 727

JORDAN RAMIS PC1499 SE Tech Center Place

Suite 380Vancouver, WA 98683

Telephone: 360-567-3900 Fax: 360-567-3901

Case 13-43836-PBS Doc 58-1 Filed 11/05/13 Ent 11/05/13 17:59:46 Pg 2 of 2

motion to extend 2 11-6-13.pdf

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