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IN RE OSEBACH

Bankruptcy No. 194-15986-260. Adv. No. 194-1399-260.

187 B.R. 92 (1995)

In re James OSEBACH, a/k/a James R. Osebach, Debtor. Esterina MAZZONE, n/k/a Esterina Fracchiola, Plaintiff, v. James OSEBACH, a/k/a James R. Osebach, Defendant.

United States Bankruptcy Court, E.D. New York.

October 12, 1995.

Attorney(s) appearing for the Case

Dawn M. Varsalona, Staten Island, NY, for Plaintiff.

Hanna & Vlahakis by Donna Vlahakis, Brooklyn, NY, for Debtor.

DECISION ON DEFENDANT-DEBTOR'S MOTION TO DISMISS THE ADVERSARY PROCEEDING FOR PLAINTIFF'S FAILURE TO SERVE THE SUMMONS AND COMPLAINT UPON THE DEBTOR

CONRAD B. DUBERSTEIN, Chief Judge.

Plaintiff Esterina Mazzone ("Plaintiff") commenced an action under Bankruptcy Code section 727 objecting to the discharge of the debtor-defendant, James Osebach ("Debtor"). The Debtor has moved to dismiss this action pursuant to Rule 12 of the Federal Rules of Civil Procedure...

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