context: Other than a "recent" acquisition of certain documents relating to the Premises, referred to in the Reply, PBC has failed to provide the court with any indication of its effort to obtain information to posit an objection to the Debtor's discharge prior to July 7, 1997, the last date to file such objections. The majority view is that there can be no cause justifying an extension of time to object to discharge where the party seeking the extension failed to diligently pursue discovery pri- or to expiration of the deadline.
citation_a.signal: see also
citation_a.identifier: 184 B.R. 178, 183
citation_a.parenthetical: request for extension is inappropriate where movant made "no attempts at discovery, until his motion for extension of the deadline for objecting to discharge... s "
citation_a.sentence: See In re Farhid, 171 B.R. 94, 97 (N.D.Cal.1994) (cause absent where creditor failed to attend section 341 meeting of creditors or request any Rule 2004 examination); In re Mendelsohn, 202 B.R. 831, 832 (Bankr.S.D.N.Y.1996) (no cause where creditor failed to seek a Rule 2004 examination and moved for an extension of time on last day to file objections to discharge); In re Leary, 185 B.R. 405, 406 (Bankr.D.Mass.1995) (cause absent where creditor waited until ten (10) days prior to expiration of the deadline to pursue requested Rule 2004 examinations); In re Dekelata, 149 B.R. 115, 117 (Bankr.E.D.Mich.1993) (no cause where request for Rule 2004 examination was made for the first time 11 days prior to expiration of the deadline); Littell v. Littell (In re Littell), 58 B.R. 937, 938 (Bankr.S.D.Tex.1986) (no cause where creditor failed to conduct discovery and motion for extension of time was filed day before deadline was to expire); see also Santana Olmo v. Quinones Rivera (In re Quinones Rivera), 184 B.R. 178, 183 (D.P.R.1995) (request for extension is inappropriate where movant made “no attempts at discovery, until his motion for extension of the deadline for objecting to discharge... s ”); 9 Collier on Bankruptcy ¶4004.03[2] at 4004-13 (extension inappropriate where “party seeking extension has made no attempts at discovery during all or most of the time available to it.”). But see In re Amezaga, 192 B.R. 37,41 (Bankr.D.P.R.1996) (“This court liberally grants motions for extension of time to object to discharge when the need for discovery is the basis of the request.”).
citation_b.signal: see
citation_b.identifier: 58 B.R. 937, 938
citation_b.parenthetical: no cause where creditor failed to conduct discovery and motion for extension of time was filed day before deadline was to expire
citation_b.sentence: See In re Farhid, 171 B.R. 94, 97 (N.D.Cal.1994) (cause absent where creditor failed to attend section 341 meeting of creditors or request any Rule 2004 examination); In re Mendelsohn, 202 B.R. 831, 832 (Bankr.S.D.N.Y.1996) (no cause where creditor failed to seek a Rule 2004 examination and moved for an extension of time on last day to file objections to discharge); In re Leary, 185 B.R. 405, 406 (Bankr.D.Mass.1995) (cause absent where creditor waited until ten (10) days prior to expiration of the deadline to pursue requested Rule 2004 examinations); In re Dekelata, 149 B.R. 115, 117 (Bankr.E.D.Mich.1993) (no cause where request for Rule 2004 examination was made for the first time 11 days prior to expiration of the deadline); Littell v. Littell (In re Littell), 58 B.R. 937, 938 (Bankr.S.D.Tex.1986) (no cause where creditor failed to conduct discovery and motion for extension of time was filed day before deadline was to expire); see also Santana Olmo v. Quinones Rivera (In re Quinones Rivera), 184 B.R. 178, 183 (D.P.R.1995) (request for extension is inappropriate where movant made “no attempts at discovery, until his motion for extension of the deadline for objecting to discharge... s ”); 9 Collier on Bankruptcy ¶4004.03[2] at 4004-13 (extension inappropriate where “party seeking extension has made no attempts at discovery during all or most of the time available to it.”). But see In re Amezaga, 192 B.R. 37,41 (Bankr.D.P.R.1996) (“This court liberally grants motions for extension of time to object to discharge when the need for discovery is the basis of the request.”).