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IN RE CRESTA

Bankruptcy No. 84-00198G, Adv. Nos. 84-0205G, 84-0544G.

40 B.R. 953 (1984)

In re Joseph CRESTA and Cynthia Cresta, Debtors. UNITED STATES of America, Plaintiff, v. Joseph CRESTA and Michael Cibik, Trustee, Defendants. Joseph CRESTA, Plaintiff, v. UNITED STATES of America and Michael Cibik, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended August 16, 1984.

Attorney(s) appearing for the Case

Mark A. Kaufman, Delaware County Legal Assistance, Chester, Pa., for debtors, Joseph Cresta and Cynthia Cresta.

Alexander Ewing, Jr., Asst. U.S. Atty., Chief, Civil Div., Philadelphia, Pa., and Michael L. Martinez, Asst. U.S. Atty., Philadelphia, Pa., for U.S.A.

Michael A. Cibik, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge.

The issue at bench is whether an untimely filing of a complaint to determine the nondischargeability of a debt bars the complaint. The question is presented on the debtor's motion for dismissal of the complaint under Fed.R.Civ.P. 12(b)(6) which is incorporated in this proceeding through Bankruptcy Rule 7012. We conclude that, under the circumstances of this case, the complaint is barred and, therefore, we will grant...

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