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IN RE ALLAVENA

Bankruptcy No. 81-02165G, Adv. No. 81-1150G.

18 B.R. 527 (1982)

In re Theodore H. ALLAVENA d/b/a Tow-A-Way Towing & Wrecking Service, Debtor. MILEASING COMPANY, Plaintiff, v. Theodore H. ALLAVENA d/b/a Tow-A-Way Towing & Wrecking Service, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 17, 1982.

Attorney(s) appearing for the Case

William M. Shields, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for plaintiff Mileasing Co.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for debtor/defendant Theodore H. Allavena d/b/a Tow-A-Way Towing & Wrecking Service.

Jonathan H. Ganz, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The preliminary issues before the court are (1) whether we should grant the debtor's motion to dismiss the instant complaint for failure to state a cause of action upon which relief can be granted and (2) whether we should grant the debtor's motion for a default judgment on his counterclaim because of the lateness of the plaintiff's reply thereto. We conclude that we should deny both of those motions for the reasons...

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