Kontrick v. Ryan, 540 U.S. 443, 15 (2004)

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

Opinion of the Court

time limits. Kontrick urges that nothing occurring thereafter counts, for the Rules' time prescriptions are unalterable, allowing no recourse to "equitable exceptions." Brief for Petitioner 13, n. 4; see id., at 8, 16-18. This case, however, involves no issue of equitable tolling or any other equity-based exception. Neither at the time creditor Ryan filed the amended complaint containing the family-account claim nor anytime thereafter did he assert circumstances—equitable or otherwise—qualifying him for a time extension. Whether the Rules, despite their strict limitations, could be softened on equitable grounds 11 is therefore a question we do not reach.12 See Brief for United States as Amicus Curiae 16 ("[M]uch of [Kontrick's] argument is actually directed to an issue that is not presented in this case," i. e., whether the timing rules here in question are alterable by recourse to " 'equitable exceptions imported from outside the rules.' " (quoting Brief for Petitioner 13)); Tr. of Oral Arg. 40 ("Whether [the bankruptcy court] would have had discretion

11 Lower courts have divided on the question whether Bankruptcy Rules 4004 and 4007(c) allow equitable exceptions. Compare, e. g., 295 F. 3d, at 733 (Rules 4004 and 4007(c) "are subject to equitable defenses"); In re Benedict, 90 F. 3d, at 54 (same conclusion regarding Rule 4007(c)); Farouki v. Emirates Bank Int'l, Ltd., 14 F. 3d 244, 248 (CA4 1994) (same conclusion regarding Rule 4004), with, e. g.,Inre Alton, 837 F. 2d 457, 459 (CA11 1988) (per curiam) (Rule 4007(c) confers no discretion to grant an untimely motion to extend the time to object, even if the creditor lacked notice of the bar date); Neeley v. Murchison, 815 F. 2d 345, 346-347 (CA5 1987) (same).

12 Nor should anything in this opinion be read to suggest that a debtor and creditor may stipulate to the assertion of time-barred claims when such an accommodation would operate to the detriment of other creditors. See, e. g.,InreDollar, 257 B. R. 364, 366 (Bkrtcy. Ct. SD Ga. 2001) ("Although the defendant debtor would significantly benefit by the allowance of the amended complaint [reflecting the parties' pretrial agreement to substitute an untimely § 523(a)(6) cause of action for a timely § 727(a)(2) claim,] the defendant's other creditors would be significantly harmed.").

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