Jenkins v. Ward

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Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. Thereafter, the Trustee and the Bankruptcy Administrator (collectively, the Trustee) filed a complaint objecting to Debtor’s discharge in bankruptcy. Debtor responded by asserting that the Trustee’s complaint was barred by the applicable statute of limitations. The bankruptcy court granted the Trustee’s motion for summary judgment and entered an order denying Debtor a discharge. The district court affirmed, concluding that the Trustee’s complaint was timely. The Fourth Circuit reversed, holding that the bankruptcy court erred in finding that Trustee’s complaint was timely filed. Remanded. View "Jenkins v. Ward" on Justia Law