In RE: Edra D. Blixseth

Filing 19

MEMORANDUM AND ORDER. The decision of the Bankruptcy Court graning the motion for enlargement of time is AFFIRMED. Signed by Judge Sam E Haddon on 7/1/2011. (ELL, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BUTTE DIVISION

Inre:

EDRA D. BLIXSETH,

No. CV-IO-09-BU-SEH

Debtor.

MEMORANDUM
AND ORDER
EDRA D. BLIXSETH,
Appellant,
vs.

BEAU BLIXSETH and MORGAN
BLIXSETH,
Appellees.

BACKGROUND
On November 30, 2009, Appellees timely moved in the underlying
Chapter 7 proceeding to enlarge the time in which to file a Complaint objecting to

the discharge of one of Appellant's obligations to them, 1 The extension was
granted by the Bankruptcy Court by Order ofthe same date." Appellant objected
to the grant of extension. 3 The Adversary Complaint objecting to the discharge
was filed on February 26, 2010. Hearing on Appellant's objection to Appellees'
motion for enlargement of time was held upon notice on March 2, 2010, and was
overruled. 4 This appeal followed.
ISSUE

The case presents a single issue for review -- Did the Bankruptcy Court
(Honorable Ralph B. Kirscher) err in granting Appellees' motion for enlargement
of time?
DISCUSSION

No error is shown. No rights ofAppellant have been compromised. The
motion seeking enlargement of time on is face, particularly paragraph Nos. 1,2,3
and 4, demonstrated cause to allow the extension, Judge Kirscher's Order
granting the extension, on its face, found cause. After Appellant objected, the
matter was again reviewed by the Bankruptcy Court and the objection was

1

Document No. 11-1

2 Docwnent No.

11-2

3

Document No. 11-3

4

Document No, 11-4

2

overruled.
Judge Kirscher's granting of the extension was specifically pennitted by
Local Bankruptcy Rule 90 13(f)(2). Such routine extensions, in any event, are
addressed to the discretion of the Court. Id. The initial decision to extend was
clearly within the ambit of that discretion. Moreover, Appellant in fact sought and
obtained, after notice, a hearing for reconsideration of the extension Order.
The interests ofjustice are best served by resolution of issues on their
merits. Appellant still has available the potential for a favorable result in the
pending adversary matter.

ORDER
The decision of the Bankruptcy Court granting the motion for enlargement
of time is AFFIRMED.
DATED this

+­

day
/ ~ of July, 2011.

United States District Judge

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