In Re Marilyn M. Moss, Also Known as Marilyn M. Bryant, Also Known as Marilyn Margaret Bryant, Also Known as Marilyn Moss Bryant, Also Known as M. Margaret Bryant, Also Known as Marilyn Wall Bryant, Also Known as Margaret Whitman Bryant, Also Known as Margaret "Peggy" Whitman, Also Known as Margaret Whitman "Peggy" Bryant, Also Known as Margaret Bryant, Also Known as Marge Bryant, Also Known as Mari Bryant, Also Known as Mary Bryant, Also Known as Anne Bryant, Also Known as Ann Whitman, Also Known as P.M. Whitman, Also Known as Anne Margaret Whitmen, Also Known as Anne M. Whitman Bryant, Also Known as Anne Margaret Whitman Bryant, Also Known as Anne Margaret Whitman Bryant Trust, Also Known as M. Whitman Bryant, Also Known as M. Margaret Whitman Bryant, Also Known as Catherine L. Whitman, Also Known as Bryant Family Trust, Also Known as Solutions, Inc., Also Known as Santa Barbara Mortgage Co., Inc., Also Known as National Supply Corporation, Also Known as Tci Industries, Also Known as Tci Investments, Also K

Citations: 289 F.3d 540; 2002 U.S. App. LEXIS 9025; 39 Bankr. Ct. Dec. (CRR) 144Docket: 01-3531

Court: Court of Appeals for the Eighth Circuit; May 10, 2002; Federal Appellate Court

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Marilyn M. Moss, also known by multiple aliases, appealed two orders from the Bankruptcy Appellate Panel (BAP) that upheld the bankruptcy court's decisions: one sustaining the trustee’s objection to her exemptions and another accepting a late-filed complaint. The United States Court of Appeals for the Eighth Circuit affirmed the BAP's decision.

Moss filed for bankruptcy in Missouri, where a creditors' meeting was scheduled for September 2, 1998. She did not attend, citing severe disability from multiple sclerosis. During the meeting, judgment creditors alleged that Moss had engaged in fraudulent asset transfers related to a previous bankruptcy in California. The bankruptcy court expressed concerns over irregularities and extended the deadline for filing complaints indefinitely. Subsequently, it was reported that Moss had died, but she was later found alive and arrested for fraud.

The trustee filed an objection to Moss's discharge on April 7, 2000, after the original November 2, 1998 deadline. Moss contended that the bankruptcy court lacked authority to extend the deadline sua sponte, claiming the complaint was therefore untimely. The bankruptcy court ruled in favor of the trustee, denying Moss's discharge, and determined that the earlier extension order was erroneous under the Federal Rules of Bankruptcy Procedure. However, the court deemed the time limits to be non-jurisdictional and invoked 11 U.S.C. § 105(a) to proceed with the case.

The court possesses the authority to issue necessary orders to enforce Title 11 provisions and can correct mistakes made by the bankruptcy court regarding the timeliness of complaints. In this case, the bankruptcy court's ruling was affirmed by the Bankruptcy Appellate Panel (BAP). The review of the bankruptcy court's legal conclusions is conducted de novo, while findings of fact are assessed for clear error. The bankruptcy court was justified in accepting an untimely complaint due to its own error, particularly when the creditor relied on incorrect notice regarding the deadline. Courts generally permit out-of-time filings when creditors are misled about deadlines, placing the onus on the court to rectify such errors. Dismissing the complaint in this context would constitute an abuse of discretion. All other arguments presented by Moss were deemed without merit, and the motion for judicial notice was denied. The court's decision is affirmed.