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IN RE WELLS

Bankruptcy No. 86-01575T, Adv. No. 87-0547.

87 B.R. 862 (1988)

In re Joanne WELLS, a/k/a Joanne Wells-Smith, t/a Computer Auto Sales, Computer Auto Sales, Ltd., Debtor. Michael J. TAMARKIN, Plaintiff, v. Joanne WELLS, a/k/a Joanne Wells-Smith, t/a Computer Auto Sales, Computer Auto Sales, Ltd., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 27, 1988.

Attorney(s) appearing for the Case

Stephen Gibble, Shirk, Reist, Wagenseller and Shirk, Lititz, Pa., for plaintiff.

James Clymer, Clymer & Covelans, Lancaster, Pa., for defendant.

James R. Leonard, Jr., Lancaster, Pa., Trustee.

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Defendant Joanne Wells ("defendant") has filed this motion to vacate an August 12, 1987 order which declared nondischargeable a debt owed by defendant to plaintiff Michael J. Tamarkin ("plaintiff"). The order was entered after defendant failed to file an answer within an ambiguous extended answer period. We find that defendant's failure to answer constituted excusable neglect, that plaintiff will...

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