IN RE WILSON

Bankruptcy No. 288-02105-C-7, Adv. No. 289-0053.

104 B.R. 303 (1989)

In re Gordon Glenn WILSON, Debtor. Lura STINNETT and Adrian Stinnett, Plaintiffs, v. Gordon Glenn WILSON, Defendant.

United States Bankruptcy Court, E.D. California.

August 21, 1989.


Attorney(s) appearing for the Case

Robert N. Campbell, Redding, Cal., for plaintiffs.

Robert S. Bardwil, Bardwil & Dahl, Sacramento, Cal., for defendant.


MEMORANDUM DECISION ON MOTION TO DISMISS

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This matter involves the interrelation between the statute of limitations for nondischargeability actions and Rule 4(j) of the Federal Rules of Civil Procedure. Faced with the dilemma that dismissal "without prejudice" for failure to complete service within the 120 days specified in Rule 4(j) could be fatal because the statute of limitations...

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