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BALDONADO v. FIRST STATE BANK OF RIO RANCHO

No. 75-1981.

549 F.2d 1380 (1977)

Marcial Eloy BALDONADO, d/b/a Baldonado Trucking, and Priscilla Silva Baldonado, his wife, Appellants, v. FIRST STATE BANK OF RIO RANCHO, a New Mexico Corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 28, 1977.

Attorney(s) appearing for the Case

Louis Puccini, Jr., of Miller & Melton, Ltd., Albuquerque, N.M., for appellants.

Joe A. Duran, Albuquerque, N.M., for appellee.

Before SETH, BREITENSTEIN and McWILLIAMS, Circuit Judges.

PER CURIAM.

In the bankruptcy proceedings, a complaint was filed by the First State Bank of Rio Rancho to have a determination made that the debt owed to it by the bankrupt was nondischargeable (Rule 701). The bankrupt filed a motion to dismiss the complaint as having been filed too late, it having been filed some six months after the last day set for such a filing.

The bankruptcy judge denied the motion to dismiss, but entered no other orders relative to...

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