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HERBERT A. ROSS
U.S. Bankruptcy Judge

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Room 138, Anchorage, AK 99501-2296 (Phone 907/271-2655) 


     ______________________________x
     In re  Case No. A91-00045-HAR
     MICHAEL LEE DOWD and,
     ELSA ELLAINE DOWD,                 Adv. No. A91-00045-001-HAR
                                        Bancap No. A91-3052
                                        Chapter 7
                   Debtor(s).     	
                                        ORDER DENYING MOTION TO DISMISS
     ______________________________x
     JAMES NORWOOD,
	                 Plaintiff,
        v.
     MICHAEL LEE DOWD and
     ELSA ELLAINE DOWD,
	 		        Defendants.
     ______________________________x

          The defendant-debtors filed a motion to dismiss on the grounds that the complaint was untimely. The debtors state that the last date to file an objection to dischargeability was April 29, 1991, whereas the dischargeability complaint was filed on April 30, 1991. Bankruptcy Rule 4007(c) requires a complaint under § 523(a)(2) of the Bankruptcy Code to be filed within 60 days of the date first set for the § 341(a) meeting.

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          This time limit is strictly enforced in this circuit. In re Hill, 811 F.2d 484 (9th Cir. 1987). However, there is a memorandum in this file from the Clerk indicating that the complaint had actually arrived at the court on April 29, 1991. See Docket Entry No. 4.

          If a dischargeability complaint timely reaches the clerk for filing, even though not it is not, for some reason, date stamped until after the bar date, it should be deemed to have been timely filed. So, the complaint in this case having reached the clerk's office on April 29, 1991, shall be deemed timely, though not stamped in until the following day, April 30, 1991 (the day after the bar date). Cf., In re Brenesell, 109 B.R. 412, 416-17 (Bankr.D.Hawaii 1989). Therefore,

          IT IS ORDERED that the motion to dismiss due to untimeliness is DENIED.

          DATED: July 15, 1991.



                                      HERBERT A. ROSS
                                      Bankruptcy Judge