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In re Jenkins

United States District Court, W.D. North Carolina

March 31, 2014

IN RE: MATTHEW ALAN JENKINS, f/d/b/a SHEPHARD SERVICE CO., Debtors.
v.
JAMES T. WARD SR. and LINDA SIMPSON, Appellees MATTHEW ALAN JENKINS, Appellant,

Matthew Alan Jenkins, formerly doing business as Shephard Service Company, Appellant, Pro se, La Mirada, CA.

For James T. Ward, Sr., Appellee: A. Cotten Wright, LEAD ATTORNEY, Grier Furr & Crisp, PA, Charlotte, NC.

For Linda Simpson, Appellee: A. Cotten Wright, LEAD ATTORNEY, Grier Furr & Crisp, PA, Charlotte, NC; Linda Wright Simpson, U.S. Bankruptcy Administrator, Charlotte, NC.

OPINION

Robert J. Conrad, Jr., United States District Judge.

Page 857

ORDER

THIS MATTER comes before the Court on Appellant's Notice of Appeal from Bankruptcy Court, (Doc. 1), Appellant's Brief in Support, (Doc. 4), Appellees' Brief in Response (Doc. 5), and Appellant's Reply Brief (Doc. 6). It is ripe for review.

I. BACKGROUND

On April 11, 2012, Matthew Alan Jenkins (Appellant/Debtor) filed a pro se chapter 7 petition (Case No: 3:12-br-50413) in the bankruptcy court of this district (Bankr. Doc. 1). On May 14, 2012, the first meeting of the creditors (creditors meeting) took place under 11 U.S.C. § 341, but was not concluded. (Bankr. Doc. 4). On June 18, 2012, Appellees Ward and Simpson (Appellees) filed a joint motion requesting an extension of the deadline for objecting to the Debtor's discharge. (Bankr. Doc. 90). The Bankruptcy Court granted the motion in an order issued on July 2, 2012 (July 2 order) and established the deadline for parties in interest to object to Appellant's discharge as " sixty (60) days after the meeting of creditors pursuant to 11 U.S.C. § 341 has been adjourned." (Bankr. Doc. 125). On July 11, 2012, the Bankruptcy Judge entered an order finding the Appellant in contempt for, inter alia, failing to respond to emails requests regarding confirmation of a date for the continued creditors meeting and failing to appear at the creditors meeting of July 11, 2012. (Bankr. Doc. 129). The contempt order provided that the Appellant could purge his contempt by appearing for a continued creditors meeting to be held the following week. (Id.).

A creditors meeting was held on July 19, 2012, which Appellant attended via telephone.

Page 858

At the end of the meeting, the Appellee's representative stated the following:

Mr. Jenkins, I am not going to conclude the meeting today. I am going to talk to the trustee and, if he determines that we can adjourn the meeting, we will file notice of ...

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