Bankr. No.:
97-40030
Adv. No.:
97-4021
Chapter:
13
Date of Decision:
October 14, 1997
Issue:
Whether Defendant was entitled to an extension of time in which to file objections to the Court's proposed findings and conclusions?
Ruling:
The Defendant's motion to extend time was granted. The Court also clarified the form and nature of an appropriate objection under F.R.Bankr.P. 9033(b). [Note: Subsequent to this decision, the 8th Circuit BAP adopted stricter standards for excusable neglect that would probably disallow this motion based on attorney error. See Hartford Casualty Insurance Co. v. Food Barn Stores, Inc., (In re Food Barn Stores, Inc.), 214 B.R. 197 (8th Cir. B.A.P. 1997).]
Full Bankruptcy Court Decision:
