Debtors usually file for bankruptcy protection to either reorganize or to liquidate their outstanding debt through what is commonly known as a "fresh start." "The principal purpose of the Bankruptcy Code is to grant a "'fresh start." to the 'honest but unfortunate debtor." This "fresh start" is ensured by a debtor obtaining a discharge after filing for bankruptcy protection. Individuals are entitled to a discharge in Chapter 7, Chapter 13, or Chapter 11 proceedings, but corporations can only receive a discharge under Chapter 11.

The majority of debts listed by a debtor are automatically discharged unless a complaint seeking to have the debt found to be non dischargeable is filed. Some debts, however, are deemed to be automatically nondischargeable even if a complaint is not filed seeking a court order determining dischargeability. Examples of these types of debts include: support, either child or spousal; priority taxes; student loans;8injury caused by operation of a motor vehicle, vessel or aircraft while intoxicated; and restitution orders. These examples are not an inclusive list and other types of debts that fall into this category can be found at § 523(a).

Other debts such as debts based upon fraud under 54 523(a)(2), (4) or (6) will be discharged unless a creditor files a complaint seeking to hold that particular debt non dischargeable. This article will focus on the time constraints contained in the Bankruptcy Code and Rules in filing a complaint to determine dischargeability of a debt under § 523(c)or a complaint seeking to deny a debtors discharge under § 727. It will also discuss the procedure and standards to obtain an extension of the deadline to file such a complaint and what effect the conversion of a case has on these deadlines.

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