Time's Up: No Recourse for Untimely Filed Complaint

• Date: 01 April 2024

CIVIL PROCEDURE UPDATE Time’s Up: No Recourse for Untimely Filed Complaint By Samantha J. Stillo, Litigation News Contributing Editor federal appellate court has afirmed a decision to dismiss a plaintiff’s complaint objecting to the discharge of the defendant’s debts under Chapter 7 of the Bankruptcy Code . Though the appellate court found that the plaintiff “barely missed the deadline” in iling its complaint a mere 16 minutes after the midnight deadline, it afirmed the dismissal of the complaint. ABA Litigation Section leaders generally agree with the decision, and there is a consensus that this should serve as a wake-up call to litigants to strictly adhere to court deadlines. In December 2018, a Utah state court entered judgment in favor of the plaintiff’s claim against the defendant for $237,683.01 owed on loans collateralized by cattle and other property. On January 15, 2019, the defendant iled for bankruptcy under Chapter 7 in the Utah bankruptcy court. The plaintiff then iled a complaint seeking to prevent the defendant from discharging his judgment on two grounds: (1) the...