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Kontrick v. Ryan

Docket No.: 02-819
Certiorari Granted: Apr 28 2003
Argued: November 3, 2003
Decided: January 14, 2004

Topics:

Bankruptcy Code, Bankruptcy Act or Rules, or Bankruptcy Reform Act of 1978, Economic Activity, Bankruptcy, Appellate Procedure, Bankruptcy, Bankruptcy Code, Civil Procedure, Federal Rules of Civil Procedure, Fourth Amendment, murder, probable cause, waiver of a limitations defense

PartyNames: Andrew J. Kontrick v. Robert A. Ryan
Petitioner: Andrew J. Kontrick
Respondent: Robert A. Ryan

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: CA 7, 295 F.3d 724. QUESTION PRESENTED The deadlines for objecting to a debtor's discharge in bankruptcy are set byBankruptcy Rule 4004. The Fifth, Tenth an d Eleventh Circuits and a majority of the district and bankruptcy courts hold that the deadlines for objecting to discharge arejurisdictional and cannot be waived. On the other hand, the Second, Fourth and Seventh Circuits and a minority of distri ct and bankruptcy co urts follow the view that such time limits are not jurisdictional and may be waived. Thus, the question presented is whether the deadlines established by the bankruptcy rules forobjecting to discharge are jurisdictional.
Supreme Court Docket

Andrew J. Kontrick
v.
Robert A. Ryan
540 U.S. 443 (2004)
Question:

Are the deadlines established by Bankruptcy Rule 4004 "jurisdictional" - that is, do they trump other considerations no matter when they are raised?

Note:

. CA 7, 295 F.3d 724. QUESTION PRESENTED The deadlines for objecting to a debtor's discharge in bankruptcy are set byBankruptcy Rule 4004. The Fifth, Tenth an d Eleventh Circuits and a majority of the district and bankruptcy courts hold that the deadlines for objecting to discharge arejurisdictional and cannot be waived. On the other hand, the Second, Fourth and Seventh Circuits and a minority of distri ct and bankruptcy co urts follow the view that such time limits are not jurisdictional and may be waived. Thus, the question presented is whether the deadlines established by the bankruptcy rules forobjecting to discharge are jurisdictional. CERT. GRANTED: 4/28/03

Kontrick v. Ryan
ORAL ARGUMENT

November 3, 2003

Holding: affirmed
Decision: Decision: 9 votes for Ryan, 0 vote(s) against
Vote: 9-0

Kontrick v. Ryan
Case Documents

1Slip Opinion in Kontrick v. Ryan (Opinion by )
2Opinion in Kontrick v. Ryan
3Opinion in Kontrick v. Ryan
Additional documents for this case are pending review.