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IN RE COLLINS

Bankruptcy No. 94-10902-MWV. Adv. No. 94-1098-JEY.

173 B.R. 251 (1994)

In re James C. COLLINS and Bonnie L. Collins, Debtors. ECKEL INDUSTRIES, INC., Plaintiff, v. James C. COLLINS and Bonnie L. Collins, Defendant.

United States Bankruptcy Court, D. New Hampshire.

September 9, 1994.

Attorney(s) appearing for the Case

Timothy P. Smith, Manchester, NH, for debtors.

Andrew Wilson, Griffin & Wilson, P.C., Amherst, NH, for Peterborough Sav. Bank.

David P. Azarian, Michael, Jones & Wensley, Rochester, NH, for Eckel Industries.

Richard R. Erricola, Chapter 7 Trustee, Richard Erricola Co., Inc., Sutton, MA.

Geraldine Karonis, Asst. U.S. Trustee, Manchester, NH.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This adversary proceeding is before the Court on the debtor's motion to dismiss for failure to timely file a complaint seeking a nondischargeability determination pursuant to 11 U.S.C. § 523(c) within the deadline specified by Bankruptcy Rule 4007(c). The deadline for filing complaints was set for July 25, 1994. Eckel Industries, Inc. filed their complaint on July 26, 1994

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