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IN RE MILLER

BAP No. 98-8059.

228 B.R. 399 (1999)

In re Merriell L. MILLER, Debtor. Peerless Insurance Company, Plaintiff-Appellee, v. Merriell L. Miller, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Charles Fox, Fox & Associates, L.P.A., Dayton, Ohio, for Appellant.

T. David Mitchell, Reminger & Reminger, Cleveland, Ohio, for Appellee.

Before BAXTER, LUNDIN, and STOSBERG, Bankruptcy Appellate Panel Judges.

OPINION

The Debtor, Merriell L. Miller, appealed the bankruptcy court's order which denied his motion to dismiss a dischargeability complaint filed by Peerless Insurance Company ("Peerless"). He contends that the complaint was filed untimely, as Peerless filed it beyond the terminal date set by the court and contrary to the plain meaning of Federal Rule of Bankruptcy Procedure 4007(c). We agree, and accordingly, must reverse the contrary conclusion by the bankruptcy...

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