Bankr. No.:
01-50124
Chapter:
7
Date of Decision:
May 18, 2001
Issue:
Whether creditor’s motion to extend the time in which to file a discharge complaint should be extended where creditor and Debtor were in the midst of a divorce and the creditor wanted to preserve any divorce-related dischargeability actions?
Ruling:
The motion was denied. Since the divorce was not final pre-petition, the creditor-spouse would not have any pre-petition claim that would be affected by the discharge. Under the law of this Circuit, a divorce-related claim does not come into existence until a dispositive order is entered.
Full Bankruptcy Court Decision:
