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IN RE DIBERTO

Bankruptcy No. 90-12331, Adv. No. 91-1081.

136 B.R. 24 (1992)

In re Robert L. DIBERTO, Individually and as Trustee of Smoke Street Real Estate Trust, Debtor. TOWN OF NOTTINGHAM, Plaintiff, v. Robert L. DIBERTO, Individually and as Trustee of Smoke Street Real Estate Trust, Defendant.

United States Bankruptcy Court, D. New Hampshire.

January 6, 1992.

Attorney(s) appearing for the Case

Mark S. Gearreald, Engel & Gearreald, P.A., Exeter, N.H., for plaintiff, Town of Nottingham.

David P. Azarian, Michael, Jones & Wensley, Rochester, N.H., for defendant, Robert L. Diberto.

MEMORANDUM OPINION AND ORDER

JAMES E. YACOS, Bankruptcy Judge.

This matter came before the Court on November 25, 1991, on cross-motions for summary judgment on a complaint brought pursuant to 11 U.S.C. § 523(a)(2)(A). The defendant has cross-moved for summary judgment on the ground that the complaint was filed late.

Fed.R.Bankr.P. (hereinafter the "rule") 4007 governs the time limit in which to determine the dischargeability of a debt. Subsection...

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