United States Ninth Circuit

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Weil v. Elliott, 16-55359

In a Chapter 7 bankruptcy trustee's adversary proceeding seeking revocation under 11 U.S.C. section 727(d) of a debtor's discharge on the ground that the discharge was obtained by fraud, the bankruptcy court's judgment grant of summary judgment to the trustee, revoking the discharge and dismissing the action is reversed where the one-year filing deadline imposed by section 727(e)(1) is not a jurisdictional constraint, but rather is a statute of limitations.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/14

Judges

  • WATFORD

Court

  • United States Ninth Circuit

Counsel


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