IN RE BLANCHARD

Adversary No. 98-90021-H7. Related No. 96-12037-H7.

241 B.R. 461 (1999)

In re Vern D. BLANCHARD d/b/a American Multi-Systems, Debtor. Apex Wholesale Inc., Assignee of Fortunet, Inc., Plaintiff, v. Vern D. Blanchard d/b/a American Multi-Systems, Defendant.

United States Bankruptcy Court, S.D. California, San Diego Division.

November 5, 1999.


Attorney(s) appearing for the Case

John L. Morrell, Lauri Croce Streeter, Higgs, Fletcher & Mack LLP, San Diego, CA, for Town & Country.

James L. Kennedy, San Diego, CA, Chapter 7 trustee.

Gary B. Rudolph, Sparber, Ferguson, Ponder & Ryan, San Diego, CA, for trustee.

Keith Herron, Purdy & Herron, San Diego, CA, for Blanchard.

Tina Pivonka, Hichy, Witte, Wood, Anderson & Hodges, San Diego, CA, for Apex.


MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is (1) whether the doctrine of equitable tolling applies to the time limitation for filing a complaint for revocation of discharge set forth in 11 U.S.C. § 727(e)(2); and (2) whether a case can be properly closed under 11 U.S.C. § 350(a)1 when assets remain unadministered, for purposes of applying the time limitation under 11 U.S.C. § 727(e)(2).<...

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