United States District Court, W.D. North Carolina, Asheville Division
IN RE DAVID A. WIJEWICKRAMA, Debtor,
EDGEFIELD HOLDINGS, LLC, Appellee. DAVID A. WIJEWICKRAMA, Debtor, Appellant,
MEMORANDUM OF DECISION AND ORDER
Reidinger, United States District Judge
MATTER is before the Court on the Notice of Appeal
of David A. Wijewickrama (the “Debtor”) [Doc. 1].
23, 2016, the Debtor filed a voluntary Chapter 7 Petition. [B
Doc. 1]. On June 30, 2016, the first meeting of
creditors was held, thus establishing August 29, 2016 as the
deadline to object to discharge or to challenge the
dischargeability of certain debts (hereinafter “bar
date”). [B Docs. 3, 4].
August 26, 2016, First Citizens Bank & Trust Company
(“First Citizens”) filed a Motion to Extend Time
to Object to Discharge and/or to Determine Dischargeability
of Debt (hereinafter “Motion to Extend Time”). [B
Doc. 23]. On September 8, 2016, the Debtor filed a response
opposing First Citizens' Motion to Extend Time and
requesting a hearing on the matter. [B Doc. 25]. On September
12, 2016, Appellee Edgefield Holdings, LLC
(“Edgefield”), filed a document entitled
“Joinder of Edgefield Holdings, LCC in Motion to Extend
time to Object to Dischargeability” (hereinafter
“joinder”), to which the Debtor objected the
following day. [B Docs. 26, 27].
the hearing on the motion being continued, First Citizens
amended its Motion to Extend Time, this time requesting that
the bar date be extended to October 13, 2016. [B Doc. 29].
Edgefield then filed a second joinder to First Citizens'
amended Motion to Extend Time, to which the Debtor objected.
[B Docs. 30, 31].
Citizens' Motion to Extend Time requested an extension of
the bar date only with regard to its own claim. [B. Doc. 23
at ¶ 3]. In contrast, Edgefield's joinders
requested, in pertinent part, as follows:
Edgefield … hereby joins in the Motion to Extend Time
to Object to Dischargeability filed on August 26, 2016 by
First Citizens Bank & Trust Company (the
“Motion”). Edgefield would also like the
opportunity to review the transcript of the 2004 Exam of the
Debtor upon the consent of First Citizens Bank & Trust
Company as it has concerns about numerous property transfers.
Wherefore, Edgefield joins the Motion and asks for an
additional thirty (30) days to object to the discharge of the
[B Doc. 26 at 1] (emphasis added).
Edgefield, through counsel, joins in First Citizens'
request for an Order of this Court extending the last date to
oppose discharge and/or to determine dischargeability of
its debt an additional 15 days for a total of 45 days or
until October 13, 2016.
[B Doc. 30 at 1] (emphasis added). The second motion is
clearly not as broad as the first.
October 4, 2016, the motion came on for hearing before
Honorable George R. Hodges, United States Bankruptcy Judge.
[B Doc. 41 Transcript].
hearing, the Trustee expressed that she had no objection to
the granting of the motion. [Id. at 8]. The
Bankruptcy Court granted the motion, but extended the bar
date not only for the Movant, First Citizens, but for all
creditors and the Trustee, stating that “it would
probably be better if we have everybody in it in time to
decide what to do, so we'll allow the joinder and allow
the extension of time to October 13, .”
[Id. at 9]. The Bankruptcy Court entered a written
order on October 12, 2016 (hereinafter “Order Extending
the Bar Date”). Edgefield filed its objections to
discharge immediately thereafter. [B Docs. 32, 33]. First
Citizens, however, did not file any objections to discharge.
October 25, 2016, the Debtor filed a Notice of Appeal from
the Bankruptcy Court's Order Extending the Bar Date. [B
Doc. 35]. Having been fully briefed by the parties, this
matter is now ripe for disposition.