Kontrick v. Ryan
Kontrick filed for bankruptcy. Under Bankruptcy Rule 4004 his creditors had 60 days to object to the discharge of his debt. After the bankruptcy court granted three extensions of time, Ryan, Kontrick's former business partner, filed a complaint objecting to Kontrick's discharge. Nearly four months later Ryan filed an amended complaint–this time without a court-approved extension–with an additional allegation. Kontrick answered the amended complaint. After the bankruptcy court granted Ryan's motion for summary judgment on the complaint, Kontrick appealed to the district court, claiming that he had objected to the timeliness of Ryan's complaint and that Rule 4004 is a jurisdictional prerequisite that cannot be waived. The district court and the court of appeals affirmed, finding that Rule 4004 is not a jurisdictional requirement but rather resembles a statute of limitations and therefore is subject to waiver. The courts also agreed that Kontrick waived his objection to the admission of the amended complaint by failing to raise the timeliness issue in his answer.
Question Presented:
Whether the deadlines established by Bankruptcy Rule 4004 for objecting to a debtor's discharge in bankruptcy are jurisdictional, and therefore unwaivable.
