IN RE PREGO CRUZ

BAP No. PR 04-049, Bankruptcy No. 03-01259-GAC, Adversary No. 04-0031.

323 B.R. 827 (2005)

In re Natacha PREGO CRUZ, Debtor. Daisy Torres Vazquez, Plaintiff/Appellant, v. Natacha Prego Cruz and John A. Zerbe, Chapter 7 Trustee, Defendants/Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

April 26, 2005.


Attorney(s) appearing for the Case

Roberto Figueroa Carrasquillo, San Juan, PR, on brief for Appellant.

Teresa M. Lube Capó, San Juan, PR, on brief for Appellee.

Before VOTOLATO, HAINES and BOROFF, United States Bankruptcy Appellate Panel Judges.


PER CURIAM.1

Creditor Daisy Torres Vazquez ("Torres") appeals from the bankruptcy court's August 31, 2004, order dismissing as untimely her adversary complaint objecting to discharge. The issues on appeal are: (1) whether Torres' discharge complaint was timely filed; and (2) if the complaint was untimely, whether the bankruptcy court should have further enlarged the time to file the complaint based on the doctrine of excusable neglect...

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