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IN RE RINDE

Bankruptcy No. 00-13857. Adversary No. 01-1046.

276 B.R. 330 (2002)

In re Mark N. RINDE and Linda M. Rinde, Debtors. Akim Demirgioglu and George Blacksmith, Plaintiffs, v. Mark N. Rinde and Linda M. Rinde, Defendants.

United States Bankruptcy Court, D. Rhode Island.

April 19, 2002.

Attorney(s) appearing for the Case

Geoffrey A. Regan, Kirshenbaum & Kirshenbaum, Cranston, RI, for Debtors/Defendants.

Robert A. Mitson, Mitson Law Associates, Woonsocket, RI, for Plaintiff.

Andrew Richardson, Boyajian, Harrington & Richardson, Providence, RI, Chapter 7 Trustee.

ORDER GRANTING MOTION TO DISMISS

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on the Debtors' Motion to Dismiss the above captioned adversary proceeding, on the ground that it was brought after the deadline for filing such actions. The Plaintiffs object, arguing that the statute of limitations was waived when the issue was not raised earlier in the case as an affirmative defense. The parties have briefed their respective positions and the matter is...

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