Link v. Mauz (In re Mauz)

513 B.R. 273
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedJune 10, 2014
DocketBankruptcy No. 1-12-bk-06672 RNO; Adversary No. 1-13-ap-00053 RNO
StatusPublished
Cited by8 cases

This text of 513 B.R. 273 (Link v. Mauz (In re Mauz)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Link v. Mauz (In re Mauz), 513 B.R. 273 (Pa. 2014).

Opinion

OPINION

ROBERT N. OPEL, II, Bankruptcy Judge.

This Adversary Proceeding was originally commenced as a non-dischargeability action. The Plaintiffs/Creditors have now moved to amend their Complaint to make certain technical amendments to Count I of the non-dischargeability Complaint. The Amended Complaint also contains a new Count II which raises objections to the Debtor/Defendant’s Chapter 7 discharge. For the reasons stated below, I will grant leave to file the Amended Complaint regarding Count I but deny leave to file Count II of the proposed Amended Complaint.

I. JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I) and (J).

II. FACTS AND PROCEDURAL HISTORY

A more complete procedural history and recitation of facts may be obtained by reviewing a prior decision in this Adversary Proceeding, Link v. Mauz (In re Mauz), 496 B.R. 777 (Bankr.M.D.Pa.2013).

The procedural history in the prior Opinion is incorporated by reference.

For today’s purposes, I offer the following procedural background. Joseph Mauz (“Debtor”) filed his Petition for Chapter 7 bankruptcy on November 19, 2012. On March 7, 2013, this Adversary Proceeding was commenced by the filing of a Complaint to Determine Dischargeability filed by William A. and Kimberly A. Link [275]*275(“Links”). The original Complaint contained a single count and sought to have the Links’ claim against the Debtor excepted from any bankruptcy discharge pursuant to 11 U.S.C. § 523(a)(6),1 based upon a claim of willful and malicious injury.

On February 6, 2014, the Links filed a two count Amended Complaint (“Amended Complaint”), together with a Motion for Leave to File Amended Complaint. I will treat this as a motion for leave to file an amended complaint pursuant to F.R.B.P. 7015(a)(2) and (c). The Amended Complaint makes certain technical amendments to Count I of the original Complaint. More significantly, the Amended Complaint adds Count II which objects to the Debtor’s Chapter 7 discharge based upon alleged violations of § 727(a)(4), the so called “false oath” section.

The Debtor opposes the Motion for Leave to File the Amended Complaint. The matter has been briefed and a hearing was held on May 22, 2014, to allow counsel for the Links and the Debtor to offer oral argument. The matter is now ripe for decision.

III. DISCUSSION

A. Leave to Amend the Non-Dis-chargeability Claim Will Be Granted.

Federal Rule of Bankruptcy Procedure (“F.R.B.P.”) 7015 makes Federal Rule of Civil Procedure 15 applicable to adversary proceedings such as the case at bar.

Federal Rule of Civil Procedure 15(a)(2) provides, in part, “[t]he court should freely give leave [to amend] when justice so requires.” Generally, whether or not to grant leave to amend is within the discretion of the trial court. Lorenz v. CSX Corp., 1 F.3d 1406, 1413 (3d Cir.1993).

The original Complaint contained a total of twelve paragraphs and sought a finding that the Links’ claim against the Debtor be held non-dischargeable pursuant to the provisions of § 523(a)(6), the willful and malicious injury exception. The proposed amendments to Count I of Complaint are technical in nature. For example, paragraph seven of the original Complaint made reference to a state court judgment entered by the Court of Common Pleas of York County in favor of the Links and against the Debtor in the amount of $186,000.00. The Amended Complaint changes the amount of the judgment to $186,100.00. Similarly, paragraph nine of the original Complaint alleged the same state court, having considered post-trial motions, recalculated damages as to the Plaintiff, William Link, in the amount of $137,000.00. Paragraph nine of the Amended Complaint alleges recalculated damages in the amount of $137,100.00.

The proposed amendments regarding the non-dischargeability claim are based upon the same set of operative facts alleged in the original Complaint. The Debtor had fair notice — since the time he was served with the original Complaint— that he would have to defend such a claim. I find that allowing these limited amendments will not burden the Debtor by requiring, for example, the time and expense of additional pre-trial discovery and preparation.

The Debtor has not interposed any real opposition to the proposed amendments to Count I contained in the Amended Complaint. I will grant the Motion for Leave [276]*276to File Amended Complaint concerning Count I, the non-dischargeability claim.

B. The Intersection of F.R.B.P. 7015 and F.R.B.P. 4004

Federal Rule of Bankruptcy Procedure 4004(a) provides, in part:

(a) Time for objecting to discharge; notice of time fixed
In a chapter 7 case, a complaint, or a motion under § 727(a)(8) or (a)(9) of the Code, objecting to the debtor’s discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a).

In the Debtor’s underlying Chapter 7 case, the § 341 meeting was originally scheduled for January 16, 2013, and the deadline for filing objections to discharge was set for March 10, 2013. March 10, 2013, was a Sunday. Federal Rule of Bankruptcy Procedure 9006(a)(1)(C) provides that, if the time period for taking any action expires on a Sunday, the period will continue until the next day that is not a Sunday. I conclude that the deadline for filing timely objections to discharge in the Debtor’s case was Monday, March 11, 2013 (“Discharge Objection Deadline”). Again, the Amended Complaint was filed on February 6, 2014, more than ten months after the Discharge Objection Deadline.

Before examining the other provisions of F.R.B.P. 4004, I will proceed to analyze the Motion for Leave to File Amended Complaint, which adds an objection to discharge, under the provisions of F.R.C.P.

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Cite This Page — Counsel Stack

Bluebook (online)
513 B.R. 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/link-v-mauz-in-re-mauz-pamb-2014.