The following excerpt is from In re Markus, 268 BR 556 (B.A.P. 9th Cir. 2001):
We note that the issue emphasized in this appeal is not the issue emphasized in the trial court. There, although the "relation back" issue was raised and not waived, the main focus was on whether the deadline imposed by Bankruptcy Rule 4007(c) should be relaxed on the premise that Gschwend had been misled. See, Classic Auto Refinishing v. Marino (In re Marino), 37 F.3d 1354, 1358 (9th Cir.1994). On appeal, the extension question has been abandoned, leaving the "relation back" rule on center stage.
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