446
Opinion of the Court
Fed. Rule Civ. Proc. 12(h)(2). Only lack of subject-matter jurisdiction is preserved post-trial. Fed. Rule Civ. Proc. 12(h)(3). Kontrick's resistance to the family-account claim is not of that order. Pp. 456-460. 295 F. 3d 724, affirmed.
Ginsburg, J., delivered the opinion for a unanimous Court.
E. King Poor argued the cause for petitioner. With him on the briefs were Kimball R. Anderson, Michael J. Stepek, and Laura D. Cullison.
James R. Figliulo argued the cause for respondent. With him on the brief were James H. Bowhay, Michael A. Pollard, and G. Eric Brunstad, Jr.
Kent L. Jones argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, William Kanter, and Michael E. Robinson.*
Justice Ginsburg delivered the opinion of the Court. This case concerns the duration of a right to object to a pleading on the ground that it was filed out of time. Under the Bankruptcy Rules governing Chapter 7 liquidation proceedings, a creditor has "60 days after the first date set for the meeting of creditors" to file a complaint objecting to the debtor's discharge. Fed. Rule Bkrtcy. Proc. 4004(a). That period may be extended "for cause" on motion "filed before the time has expired." Fed. Rule Bkrtcy. Proc. 4004(b). In the matter before us a creditor, in an untimely pleading, objected to the debtor's discharge. The debtor, however, did not promptly move to dismiss the creditor's plea as impermissibly late. Only after the Bankruptcy Court decided, on the merits, that the discharge should be refused did the debtor, in a motion for reconsideration, urge the untimeliness of the creditor's plea.
*Henry J. Sommer filed a brief for the National Association of Consumer Bankruptcy Attorneys as amicus curiae urging reversal.
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