Kontrick v. Ryan, 540 U.S. 443 (2004)

By M. Jonathan Hayes

 

Issue:  Is Rule 4004 requiring that suit to deny the discharge be filed within 60 days of the first meeting of creditors jurisdictional or can it be waived?

Holding:  Rule 4004 is not jurisdictional.  It is an affirmative defense and therefore can be waived.

Justice Ruth Bader Ginsburg for unanimous court:

Creditor Dr. Ryan was a former business partner and major creditor of debtor Dr. Kontrick.  Dr. Ryan obtained three extensions of time to file a complaint to deny the discharge before he filed it.  He alleged that Kontrick had transferred . . .

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