Kontrick v. Ryan, 540 U.S. 443, 5 (2004)

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Cite as: 540 U. S. 443 (2004)

Opinion of the Court

Bankruptcy Rule 4004's time prescription, the debtor maintains, is "jurisdictional," i. e., dispositive whenever raised in the proceedings. Rejecting the debtor's "jurisdictional" characterization, the courts below held that Rule 4004's time prescription could not be invoked to upset an adjudication on the merits. We agree that Rule 4004 is not "jurisdictional." Affirming the judgment of the Court of Appeals for the Seventh Circuit, we hold that 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.

I

A debtor in a Chapter 7 liquidation case qualifies for an order discharging his debts if he satisfies the conditions stated in § 727(a) of the Bankruptcy Code. 11 U. S. C. § 727(a).1 A discharge granted under § 727(a) frees the debtor from all debts existing at the commencement of the bankruptcy proceeding other than obligations § 523 of the Code excepts from discharge. § 727(b).2

A debtor's discharge may be opposed by the trustee, the United States trustee, or any creditor. § 727(c)(1). Adjudication of "objections to discharg[e]," Congress provided, is a

1 Under § 727(a), the court may not grant a discharge of any debts if the debtor, inter alia: (1) is not an individual; (2) has, with intent to defraud a creditor, concealed, transferred, or destroyed property of the estate (A) in the year preceding bankruptcy or (B) during the bankruptcy case; (3) has destroyed books or records; (4) has knowingly (A) given a false oath or account, (B) presented or used a false claim, (C) attempted to obtain money by acting or forbearing to act, or (D) withheld documents relating to the debtor's property or financial affairs; or (5) has failed to explain a loss or deficiency of assets. 11 U. S. C. §§ 727(a)(1)-(5).

2 Section 523 categorizes debts that are nondischargeable. See,e. g., 11 U. S. C. § 523(a)(1) (certain debts "for a tax or a customs duty"); § 523(a)(2)(A) (certain debts for money obtained by "false pretenses, a false representation, or actual fraud"); § 523(a)(5) (certain debts "to a spouse, former spouse, or child of the debtor" for "support of such spouse or child"); § 523(a)(6) (debts for "willful and malicious injury by the debtor").

447

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