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, )

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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 3

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