United States Bankruptcy Appellate Panel for the Ninth Circuit September 29, 2005, BAP No. ID-04-1566-BuBMo, Bankruptcy No. 02-00252, Adversary No. 02-06089 (Roberts v. Erhard (In Re Roberts))

OPINION

BUFFORD, Bankruptcy Judge.

I. Introduction

Appellant Kenneth R. Roberts (“Roberts”) raises two issues on appeal. First, he argues that the bankruptcy court should have dismissed the complaint filed by James F. Erhard (“Erhard”) objecting to his discharge for failure to serve it timely, even though he never raised this issue in the trial court.