Bankr. No.:
96-40587
Chapter:
7
Date of Decision:
September 5, 1997
Issue:
Whether judgment could be declared discharged where creditor argued she had timely mailed an adversary complaint, in the form of an adversary proceeding cover sheet, to the clerk and where the clerk never received the cover sheet?
Ruling:
The judgment was discharged. Unlike the "in the mail" rule for service, a complaint must be filed with the clerk by the deadline. Compare F.R.Bankr.P. 7005 and F.R.Civ.P. 5(e) to F.R.Bankr.P. 9006(e). Since a complaint was not timely filed and since the other requirements of § 524 and § 15-16-20 had been met, the judgment was discharged.
Full Bankruptcy Court Decision:
