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IN RE DAUGHERTY

Bankruptcy Nos. 3-81-01927, 3-81-01898, Adv. No. 3-82-1241.

32 B.R. 461 (1983)

In re Larry Winston DAUGHERTY, Sr., a/k/a Auto and Home Supply, d/b/a Western Auto Associates Store, and Sara Ann Patterson Daugherty, a/k/a Mrs. Larry W. Daugherty, Sr., Debtors. In re AUTO AND HOME SUPPLY, INC. d/b/a Western Auto Associates Store, Debtor. CONSOLIDATED SHOPPERS CREDIT PLAN, INCORPORATED, Plaintiff, v. Larry Winston DAUGHERTY, Sr., Sara Ann Patterson Daugherty, and Auto & Home Supply Company, Incorporated, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

July 21, 1983.

Attorney(s) appearing for the Case

Francis W. Headman, Knoxville, Tenn., for plaintiff.

Richard Stair, Jr., Knoxville, Tenn., for defendants.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This matter is before the court on the defendants' motion to dismiss the complaint filed against them for failure to state a claim upon which relief can be granted. Bankruptcy Rule 712(b); Fed.R.Civ.P. 12(b)(6). The specific issue is whether a debt owing to plaintiff may now be excepted from discharge even though plaintiff's complaint was filed some ten months after the date fixed by the court for filing complaints...

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