UNITED STATES BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re: ) Chapter 7
)
AMARDARIYA OTGONTSAGAAN and ) Bankruptcy No. 20 B 03958
BAYARTMAA BATDELGER, )
)
Debtors. ) Honorable Timothy A. Barnes
NOTICE OF MOTION
TO: See attached list
PLEASE TAKE NOTICE that on Monday, June 1, 2020, at 1:00 p.m., I will appear
before the Honorable Timothy A. Barnes or any judge sitting in that judge’s place, and present
the Trustee’s Motion to Extend Time to Object to Exemptions and Discharge, a copy of
which is attached.
This motion will be presented and heard telephonically. No personal appearance in
court is necessary or permitted. To appear and be heard telephonically on the motion, you must
set up and use an account with Court Solutions, LLC. You can set up an account at www.Court-
Solutions.com or by calling Court Solutions at (917) 746-7476.
If you object to this motion and want it called on the presentment date above, you must
file a Notice of Objection no later than two (2) business days before that date. If a Notice of
Objection is timely filed, the motion will be called on the presentment date. If no Notice of
Objection is timely filed, the court may grant the motion in advance without a hearing.
Date: May 23, 2020 DAVID P. LEIBOWITZ, not individually, but as
the Chapter 7 Trustee of the Debtor’s Estate
By: /s/ David P. Leibowitz
David P. Leibowitz (ARDC # 1612271)
Law Offices of David P. Leibowitz, LLC
53 West Jackson Boulevard, Suite 1115
Chicago, IL 60604
(312) 662-5750
dleibowitz@lodpl.com
CERTIFICATE OF SERVICE
I, Linda A. Green, certify that I served a copy of this notice and the attached motion on each
entity shown on the attached list at the address shown and by the method indicated on the list on
May 23, 2020, at 5:30 p.m.
/s/ Linda A. Green
Attorney
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SERVICE LIST
Parties served via electronic notice through CM/ECF:
Lester A Ottenheimer, III lottenheimer@olawgroup.com, nfishkin@olawgroup.com
Patrick S Layng USTPRegion11.ES.ECF@usdoj.gov
Parties served via first class U.S. mail:
Amardariya Otgontsagaan and Bayartmaa Batdelger
3025 Lynn Court Unit D
Arlington Heights, IL 60005
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UNITED STATES BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
In re: ) Chapter 7
)
AMARDARIYA OTGONTSAGAAN and ) Bankruptcy No. 20 B 03958
BAYARTMAA BATDELGER, )
)
Debtors. ) Honorable Timothy A. Barnes
TRUSTEE’S MOTION TO EXTEND TIME TO OBJECT
TO EXEMPTIONS AND DISCHARGE
David P. Leibowitz (“Trustee”), not individually but as the chapter 7 trustee of the estate of
Amardariya Otgontsagaan and Bayartmaa Batdelger (“Debtors”), hereby moves for an order
extending the time for the Trustee to timely object to exemptions and to discharge to and including
July 24, 2020.1 In support, the Trustee states the following:
JURISDICTION AND VENUE
1. This Court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 and venue is
proper pursuant to 28 U.S.C. § 1408.
2. By Local Rule 40.3.1(a) of the United States District Court for the Northern District of
Illinois, the District Court has referred all bankruptcy cases to the Bankruptcy Court for initial
determination, as permitted by 28 U.S.C. § 157(a).
3. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O).
FACTUAL AND PROCEDURAL BACKGROUND
4. Debtors filed a voluntary chapter 7 petition on February 12, 2020.
5. David P. Leibowitz is the duly appointed, qualified, and acting chapter 7 trustee in
this case.
1 All chapter, section and rule references, unless otherwise noted, are to the Bankruptcy Code, 11 U.S.C. §§ 101-1532
(“Bankruptcy Code”), and the Federal Rules of Bankruptcy Procedure, Rules 1001-9037 (“Bankruptcy Rules”).
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6. The § 341 meeting in this case was held on March 27, 2020. The Trustee examined
the Debtors concerning one of their vehicles and certain assets held in storage that had been used in
Debtors’ former business. The Trustee’s investigation continues, and he needs additional
information and documentation concerning these matters. He therefore requires additional time to
obtain and review same and to further evaluate whether or not grounds may exist for an objection to
the Debtors’ discharge and/or exemptions.
RELIEF REQUESTED
7. The Trustee requests that the Court extend the date by which the Trustee may timely
object to Debtor’s exemptions to and including July 24, 2020. He further requests that the Court
extend the date by which the Trustee may timely object to the Debtor’s discharge under §727 of the
Bankruptcy Code to and including July 24, 2020.
BASIS FOR RELIEF REQUESTED
8. Under Rule 4003(b), objections to the debtor’s claim of exemptions must be filed
within 30 days after the § 341 meeting is concluded or within 30 days after any amendment to the
list of exemptions or supplemental schedules is filed, whichever is later. However, the court may,
for cause, extend the time for filing objections, if the request for extension is filed prior to expiration
of the deadline.
9. Under Rule 4004, a complaint objecting to the debtor’s discharge must be filed not
later than 60 days following the first date set for the meeting of creditors under §341. However, the
court may, for cause, extend that deadline on motion filed prior to its expiration.
10. This motion is filed prior to expiration of the deadline for objections to exemptions
and prior to expiration of the deadline for objections to discharge.
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11. Cause exists to extend both deadlines, because, as set forth above, the Trustee requires
additional time to obtain and review information and to further investigate and evaluate whether or
not grounds may exist for an objection to the Debtor’s discharge and/or exemptions.
NOTICE
12. Notice of this Motion was provided to: (a) the Debtors; (b) the Debtors’ counsel; (c)
the Office of the United States Trustee; and (d) all parties that have requested or receive notice
through CM/ECF. In light of the nature of the relief requested, the Trustee requests that the Court
find the notice provided for herein sufficient under the circumstances and waive and dispense with
any further notice requirements.
WHEREFORE, the Trustee requests that the Court enter an order:
(a) Extending the date by which the Trustee may timely object to the Debtors’ claim of
exemptions to and including July 24, 2020;
(b) Extending the date by which the Trustee may timely object to the Debtors’ discharge
to and including July 24, 2020; and
(c) Granting such further relief as the Court deems just and proper.
DAVID P. LEIBOWITZ, not individually, but as
the Chapter 7 Trustee of the Debtors’ Estate
By: /s/ David P. Leibowitz
David P. Leibowitz (ARDC # 1612271)
Law Offices of David P. Leibowitz, LLC
53 West Jackson Boulevard, Suite 1115
Chicago, IL 60604
(312) 662-5750
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