9th Cir.;
16-55359

The court of appeals reversed a bankruptcy court judgment and remanded. The court held that the 12-month statute of limitations on a bankruptcy trustee's request for revocation of discharge is not jurisdictional.

Debtor Edward Elliott filed a Chapter 7 bankruptcy petition that fraudulently omitted a key asset: his own home. The bankruptcy trustee did not discover the fraud until after a discharge had been granted. She filed a request for revocation of discharge under 11 U.S.C. §727(d)(1). The request was filed some 15 months after the discharge was granted, and some three months after the expiration of the applicable 12-month statute of limitations, as set forth in §727(e)(1). In his opposition, Elliott did not raise the untimeliness of the request. The bankruptcy court granted summary judgment to the trustee, finding that Elliott had knowingly and fraudulently failed to disclose his ownership interest in his home.