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MATTER OF HAMMAN

Bankruptcy No. 3-81-00213, Adv. No. 3-81-0253.

14 B.R. 172 (1981)

In the Matter of Edward J. HAMMAN, Jr., aka John Hamman and Vicky Faye Hamman aka Vicky Hamman, Debtors. The THIRD NATIONAL BANK AND TRUST COMPANY OF DAYTON, OHIO, Plaintiff, v. Edward J. HAMMAN, Jr., and Vicky Faye Hamman; and Eugene Jablinski, Defendants.

United States Bankruptcy Court, S.D. Ohio, W.D.

September 22, 1981.

Attorney(s) appearing for the Case

David L. Phipps, Dayton, Ohio, for debtors.

Robert J. Eilerman, Dayton, Ohio, for plaintiff.

Eugene Jablinski, Dayton, Ohio (trustee), defendant.

ELLIS W. KERR, Bankruptcy Judge.

For decision is a Motion to Dismiss the Complaint because of late filing. The Complaint objects to the discharge of the Debtors.

April 13, 1981, was fixed as the last day to file such Complaint which was not filed until April 20, 1981. The Plaintiff contends the Motion should be denied on the grounds of excusable neglect on the part of the Plaintiff because the Complaint was timely prepared, ready to file, a check for costs...

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