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WILLMS v. SANDERSON

No. 12-35135.

723 F.3d 1094 (2013)

Hank WILLMS; Dolly Willms, Plaintiffs-Appellees, v. Rowe SANDERSON III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2013.

Attorney(s) appearing for the Case

Lawrence W. Erwin , Bend, OR, for Defendant-Appellant.

D. Zachary Hostetter , Hostetter Knapp, LLP, Enterprise, OR, for Plaintiffs-Appellees.

Before: ARTHUR L. ALARCÓN, M. MARGARET McKEOWN, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

Appellant Rowe Sanderson III appeals from the district court's judgment affirming the bankruptcy court's order granting Appellees Hank and Dolly Willmses' motion for an extension of time to file a nondischargeability complaint. We conclude that under our existing case law the bankruptcy court erred in two ways — by sua sponte extending the time for the Willmses to file a nondischargeability complaint after the deadline...

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