New York Bankruptcy Resources - Credit Card Information

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Recent Notable Opinions of the Supreme Court of The United States:

Kontrick v. Ryan, No. 02-819 (2004), Argued November 3, 2003, Decided January 14, 2004, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.

A creditor in Chapter 7 has "60 days after the first date set for the meeting of creditors" to file an official complaint objecting to a debtor's discharge of debts. Fed. Rule Bankruptcy Proc. 4004(a). The bankruptcy court may alter or extend the period "for cause" upon a motion "filed before the time has expired." Fed. Rule Bankruptcy Proc. 4004(b). Reinforcing Rule 4004(b)'s restriction on extension of the Rule 4004(a) deadline, Rule 9006(b)(3) allows enlargement of "the time for taking action" under Rule 4004(a) "only to the extent and under the conditions stated in that rule," i.e., only as permitted by Rule 4004(b). Held: a debtor forfeits the right to rely on Rule 4004 if the debtor does not raise the Rule's time limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge. Only Congress may determine a lower federal court's subject matter jurisdiction.  U.S. Const., Art. III, Sec. 1. Congress did so, by instructing that "objections to discharges are core proceedings within the bankruptcy courts' jurisdiction. 28 U.S.C. Sec. 157(b)(2)(J). Congress did not build time constraints into that statutory scheme. Rather, the time constraints applicable to objections to discharge are contained in Bankruptcy Rules prescribed pursuant to Sec. 2075. Such rules do not create or withdraw federal subject matter jurisdiction. Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 437 U.S. 370370. As Bankruptcy Rule 9030 states, the Bankruptcy Rules shall not be construed to extend or limit the jurisdiction of the courts. The filing deadlines prescribed in Rules 4004 and 9006(b)(3) are claim-processing rules that do not delineate what cases bankruptcy courts are competent to adjudicate.

The resources we chose to list pertain in some way to filing New York Bankruptcy, whether laws, discharge, reorganization or other topics . Vast areas of law apply to New York Bankruptcy case proceedings and are enforced by the courts within each case. As York Bankruptcy laws are enacted each year, the scope of this website continues to grow.