Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Bankruptcy Rules

11th Circuit: Equitable Tolling Still Does Not Apply To Deadline For §523 Discharge Complaints

“Ever tried. Ever failed. No matter. Try again. Fail again. Fail better.” Samuel Beckett in Worstword, Ho. Many have tried to extend the deadline for discharge complaints that is found in Bankruptcy Rule 4007(c), almost always after missing the deadline. The Eleventh Circuit recently affirmed that equitable tolling still does not apply to extend the deadline… Continue Reading

11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.

In a published opinion entered on April 8, 2016, the Eleventh Circuit Court of Appeals held that District Courts are obliged to use and apply the Federal Rules of Bankruptcy Procedure rather than the Federal Rules of Civil Procedure when trying a case that “arises under” Title 11 (28 U.S.C. §1334).  In Rosenberg v. DVI… Continue Reading