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IN RE THOMAS

Bankruptcy No. 95-60321, Adv. No. 96-6027.

203 B.R. 64 (1996)

In re Jeffrey Dale THOMAS, Debtor. Charles GEBHARDT, Plaintiff, v. Jeffrey Dale THOMAS, Defendant.

United States Bankruptcy Court, E.D. Texas, Tyler Division.

October 29, 1996.

Attorney(s) appearing for the Case

Roger J. Allen, Dallas, TX, for Debtor/Defendant.

Alan Gerger, Houston, TX, for Plaintiff.

MEMORANDUM OPINION ON DISMISSAL FOR WANT OF JURISDICTION

C. HOUSTON ABEL, Bankruptcy Judge.

Jeffrey Dale Thomas (the "Debtor") seeks dismissal, contending the discharge complaint filed by Charles Gebhardt ("Trustee") was filed untimely. The Trustee responds that the Debtor waived any untimeliness argument when he voluntarily agreed to extend the deadline. The parties thus ask this Court to resolve a split of authority. One line of cases holds the rules for...

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