IN RE ROSAGE

Bankruptcy No. 94-22984-BM. Adv. No. 95-02271-BM.

189 B.R. 73 (1995)

In re Doris J. ROSAGE and Glenn R. Rosage, d/b/a Westwood Garden Haven, Debtors-In-Possession. CUB CADET CORPORATION, INC., Plaintiff, v. Doris J. ROSAGE and Glenn R. Rosage, d/b/a Westwood Garden Haven, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

November 22, 1995.


Attorney(s) appearing for the Case

Kevin S. Burger, Winters & Arcovio, P.C., Pittsburgh, PA, for Plaintiff.

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for Defendants.


MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtors maintain that the complaint against them in the above adversary action is untimely and that its filing is not supported by existing law. They seek dismissal of the complaint because it is untimely and imposition of sanctions pursuant to Federal Rule of Bankruptcy Procedure 9011.

Plaintiff Cub Cadet Corporation, Inc. (hereinafter "Cub") insists that the complaint was timely and...

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