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IN RE SHTAYYEH

Bankruptcy No. 09-10485 K. Adversary No. 09-1031 K.

424 B.R. 55 (2010)

In re Haytham M. SHTAYYEH fdba Delaware Convenient Mart, Debtor. State of New York, Plaintiff v. Haytham M. Shtayyeh f/d/b/a Delaware Convenient Mart, Defendant.

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

March 5, 2010.

Attorney(s) appearing for the Case

Stephen M. Nagle, Esq., Michael J. Russo, Esq. (Argued), Assistant Attorney General, Office of the Attorney General, Albany, NY, for Plaintiff.

Melissa A. Tocha, Esq., Amherst, NY, for Debtor/Defendant.

ORDER AND OPINION

MICHAEL J. KAPLAN, Bankruptcy Judge.

Prior to an amendment to Rule 4, F.R.Civ.P., in 1993, the Courts could not permit late service of a Summons in the absence of a showing of a good faith effort to serve within the maximum 120 days.1 Prior to 1993, the Court could extend the time for service for "an appropriate period," "if the plaintiff shows good cause for the failure" to serve within 120 days after the complaint...

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