(6th Cir. B.A.P. July 9, 2015)
The Bankruptcy Appellate Panel for the Sixth Circuit reverses
the bankruptcy court's order denying the creditor's motion
for extension of time to file a complaint to determine the
dischargeability of a debt and/or file an objection to the
debtor's discharge. The debtor's counsel had been working
with the creditor's counsel prior to the bankruptcy filing but
failed to notify the creditor's counsel of the bankruptcy.
Instead, the debtor gave notice to the creditor by sending a notice
to the creditor's out-of-state corporate headquarters. The
creditor and its counsel had actual notice of the bankruptcy after
they filed a complaint against the debtor in state court after the
petition was filed and two days before the deadline. The bankruptcy
court found that the creditor failed to show sufficient cause
justifying an extension. The B.A.P. holds that such motions should
be liberally granted when the circumstances merit such a finding,
and in
