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GROVES v. PHELPS

Bankruptcy No. 3-81-02741, Adv. No. 3-81-0843.

32 B.R. 368 (1983)

Richard R. GROVES and Adelle Groves, Plaintiffs, v. David PHELPS, dba Country Squire Builders, Defendant. In the Matter of David L. PHELPS dba Country Squire Builders.

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

August 23, 1983.

Attorney(s) appearing for the Case

Sam G. Caras, Trial Atty., Dayton, Ohio, for plaintiffs.

J. Daniel Kilcoyne, Kettering, Ohio, for debtor-defendant.

DECISION and ORDER

ELLIS W. KERR, Bankruptcy Judge.

This matter is before the Court upon Defendant's "Motion to Dismiss" and "Motion for Definite and Certain" [sic].

Branch I of Defendant's motion requests the Court to dismiss Plaintiffs' complaint on the ground that Plaintiffs have failed to file a proof of claim in Defendant's bankruptcy case and "have waived any right that they may have to now do so since the statutory time for filing such proof...

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